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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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My spouse is employed by a UK firm but working in Africa. She

Resolved Question:

My spouse is employed by a UK firm but working in Africa. She did not give a full notice and the employer has refused to negotiate possible payment for the two months notice. Is the employer right?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you asking if the employer was obliged to pay her notice that she did not work?

Customer: The contract says she is supposed to give three months notice. She gave one month noticed. The employer is insisting that she can not leave her job until she saves full thrree months notice. She hoped to pay the employer for the two months she will not serve as part of notice. The employer says that can not happen and she has to serve the full notice. If she decided to leave her job under such circumstances is the employer entitled to anything? In other words can the employer force an employee to stay in order to serve the notice ?
taratill :

Is she relying on the employer to relocate her at the end of the employment given that she is working abroad?

Customer: No. She can manage to relocate on her own.
taratill :

Is the employer likely to suffer any financial loss if she does leave early?

Customer: That is not clear as the employer is not stating that.
taratill :

Ok but does she think they would, i.e. are they likely to lose contracts business if she is not in place to do the work?

Customer: They are not likely to lose any business contracts
taratill :

Ok well the situation is that if she does not work her full notice she will not be entitled to be paid for any period she does not work. She can also expect that her employer will not pay any relocation fees. Technically the employer can sue her for damages in breach of contract if they suffer a financial loss as a result of her breaching her contract. This is quite unusual but can happen. She should have a sense of whether the employer will suffer a loss or not. Obvioulsy it may also impact on her reference as the employer can truthfully say she left in breach of contract.

taratill :

If you have any further questions please do ask. if I have answered your question i would be grateful if you would take the time to rate my answer.Thank you and all the best.

Customer: what claim is the employer likely to make if she decided to leave without resolving the matter with the employer?
taratill :

I have set this out above.

Customer: That is her main worry, getting negative reference.
taratill :

well there is not much you can do about this. If a new employer wants her to start early and this is making her leave early then they are not likely to be too concerned about it.

Customer: She feels trapped.
taratill :

I can see that but I do not know what further I can add. She can leave early and there is a potential claim. Her employer can give a factually correct reference which can refer to her leaving before the end of the notice period.

taratill :

I would be grateful if you would now take the time to rate my answer. I will be happy to answer your follow on questions.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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