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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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Thank you help so far, much appreciated! The executive

Resolved Question:

Thank you for your help so far, much appreciated!
The executive director of the company stated in an sms that they will not give me an offer, despite the fact that it has been agreed that after 6 months we will have an appraisal discussion. Reason being is that they think that even if they'd offer me an increase in salary, I would still decide to leave the company, so they won't bother even trying. They have also stated that by me informing them that I plan to leave the company : 'I have threatened a war'. I haven't responded to this email as it rather seems hilarious to me, an executive director should not send such message to their employees and hoping this can be used as an evidence of harassment in itself ?
They are now saying that by me leaving the company it will affect their project and they will lose the client and they want to claim for all their profit loss resulting from this. First of all I am not an executive manager to be responsible for projects and clients, I am a simple worker and I am not sure how they want to charge me of the responsibility of them not being able to fulfil the agreement between themselves and the client. It seems absolutely ridiculous! Can they charge me or bring me responsible for something like this? If I would be a contractor, than yes, the situation would be different and probably would be my responsibility as well, but being an employee it is a total different situation in my opinion. Could you please confirm the above, am I right to think that this won't stand as a charge in a court?
Thank you!
Z.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello again, do you think it would be possible for them to get someone else in your place t finish off the work or continue working in your post and minimise any adverse effect you leaving may have on the business?
Customer: replied 2 years ago.

Every week there is a new staff provided by the same recruitment company (probably they have an agreement with this renown recruitment agency...don't want to write their name). Being the person at the company who worked for the longest period of time (6 months), I have trained several new personnel myself. They always start the work on a very low hourly rate and when they recognise after the first day the amount of work they are expected to perform, they ask for higher hourly rate which the company doesn't want to pay, so they rather chose to send the people away. Nobody stays around for more than 1 max 2 weeks. They can leave easily as they are not directly employed by the company as myself, but working through the recruitment agency. So, the answer to your question is yes, if they'd want to and willing to pay for the workers a reasonable wage, than they could easily find someone to work for their client.

Expert:  Ben Jones replied 2 years ago.
Ok so this means that they are unlikely to be able to claim that you leaving early will lose them all this business and that you should be responsible for all losses associated with that. The employer has a duty to minimise their losses so if this means getting a replacement worker to do the job you would have been doing, then that is what they are expected to do. At worst they could charge you for the recruitment fees they would have had to pay to try and get such a worker or any difference in pay (up to a reasonable amount), but this is not much compared to what they are actually trying to hold you liable for. Also you cannot be forced to pay any of this, even if they incurred it – the only way to do so would be to take you to court and win and I am not sure in the circumstances they would go that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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