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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been in a job over 10 weeks. I am still in

Resolved Question:

I have been in a job for just over 10 weeks. I am still in my probationary period. My contract states my notice period during probation is one month. I wish to leave earlier than this. On top of this my employers are on holiday.
What repercussions would there be if I left before one month?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me are you leaving to start a new job.
Customer: replied 2 years ago.
Yes I have been offered another job.
Expert:  Ben Jones replied 2 years ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Expert:  Ben Jones replied 2 years ago.
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. 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. Also the employer has to show that actual losses have been incurred and often that is not easy to do. 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, although they are relatively low.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Thanks for that. What about handing in my notice when my bosses are on holiday?
Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience, you are able to submit your notice at any time, it should not delay when it becomes valid. If you can contact them in some way just to advise them then do so, but otherwise you can send a letter or email with the date from which you want the notice to apply. Hope this clarifies your position?
Ben Jones and other Employment Law Specialists are ready to help you