Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long is your notice period?
Customer: My notice period with my old boss/company was 2 weeks but have had no information from new one
Ben Jones : As tour employment would have transferred automatically to the new employer your old contract would still be valid and you would be expected to follow its terms. If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Thr notice period in the new company would be the same as the old one. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible and there is a pressing need to leave early, that is still a possibility, subject to the risks identified above.
Customer: Thank you, ***** ***** to manager about taking my holidays which I have left as my leave, however they have said I haven't worked for them for long enough to have accrued any holidays and that if I was to leave I would have to get my p45 from my previous boss. So does this mean i technically won't have worked for this new company (have only had 1 pay packet so far and that was cash as they said they were still sorting everything out.
Customer: Should they be providing my p45.
Ben Jones : Sorry my connection dropped earlier. Your old leave from the previous company would be transferred over to the new one so if you have any left from there you can use that. You would have worked for then already but as mentioned it is quite unlikely that they will sue you if you were to leave early as they will find it hard to show they have suffered losses.
Customer: Thank you.
Ben Jones :
you are welcome, all the best
Customer: Sorry to bother again, could you please confirm that this new company should give me my p45 and all holidays owed should have just been transferred from previous company. They are telling me they owe no holidays. ( I haven't had any all year!)
Customer: I have filled in details to be paid directly into the bank, is this also considered an agreement to continue contract from previous employer?
Ben Jones :
Was there any consultation with you before the change of employer? Was the term 'TUPE' mentioned at all?
Customer: Thank you for your advice, have been into work today and spoken to the manager again and managed to come to an agreement. Thank you again.
Ben Jones : Glad to hear it and all the best