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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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Good Morning, I recently left my job (I was working

Resolved Question:

Good Morning,
I recently left my job (I was working for 3 weeks) and now the company tell me that I breach my contract and I need to pay the six weeks notice advice that is write in my contract. What can i do?
Only work for 3 weeks and I need to give 6 weeks notice instead only work 3?
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying that they are asking you to pay them money?
Customer: replied 1 year ago.

Yes, I paste the test send me by mail:

"


Dear Antonio



As you are aware you breached your contract of employment and left without notice on 23rd October 2015 causing considerable disruption as a result of your breach.


The consequences of your breach which were already advised to you when you tendered your resignation, are detailed in your contract which I summarise below :-


9. PERIOD OF NOTICE


The minimum period of notice required to be given by either party is 6 weeks during the first three months. In the instance of failure to serve contractual notice, the right to receive notice and payment in lieu of notice as well as arrears of pay and holiday entitlement will be forfeit. In addition should you fail to serve your full contractual notice, you will be legally liable to reimburse the company with liquidated damages at a rate of one week’s pay for each complete or partially incomplete week of your notice period which you fail to serve in breach of your contract of employment. This represents the full extent of liquidated damages that will be pursued against you and reflects the cost to the company of an employee’s failure to work during their notice period’


Having tendered your resignation on 23rd October 2015, you failed to complete any of your six week contractual notice period. The consequences to the hotel operation and to the rest of the brigade, as you were fully aware, were absolutely catastrophic.


The financial cost of your breach in accordance with clause 9 is as follows :-


[if !supportLists]· [endif]6 weeks’ notice x £ 355.77 gross weekly salary £ 2,134.62


Your contractual liability that has arisen due to your breach means that you are required to pay Meridian Reading Ltd the sum of £ 2,134.62 by 16th November 2014.


In the event that we do not receive the sum of £ 2,134.62 by 16th November 2015, legal proceedings will be issued against yourself and Isabel for her breach, without further notice. Should you settle your liability the equivalent claim against Isabel in the sum of £ 2,307.69 will be waived and no further action will be taken against Isabel for her breach.


I trust this will not be necessary and await confirmation that your payment has been made by 16th November 2015. I attach bank account details to enable the payment to be made."


thanks

Expert:  taratill replied 1 year ago.
Ok do you believe that they have suffered a financial loss as a result of you leaving early?
Customer: replied 1 year ago.

Off course not, they have a brigade plenty of chefs and I was working with another breakfast chef so I think the service was covered. Anyway I am worried about the consequences of a legal procedure and the cost.

What do you recomended me?

Expert:  taratill replied 1 year ago.
Ok in that case do not pay. They are unlikely to bring a claim against you although theoretically they could do in breach of contract. In order to succeed they would have to show that your breach of contract resulted in actual financial loss to them. In the event that they did claim you can defend yourself in the court, if you want to hire a solicitor then you would have to pay a solicitors fees (normally in the region of £200 p/h plus VAT) . If you lose you will be ordered to pay their losses plus their legal fees. 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. Thankyou and all the best.
Customer: replied 1 year ago.

So your recommendation is not answer the mail and waiting to see if the company take legal actions against me?

thanks in advance, I am so worried about this.

Expert:  taratill replied 1 year ago.
Yes I would ignore it completely or write back and say that liquidated damages are not applicable and that the court would put them to proof of actual loss and your view is there is non, so if they do claim against you you will seek a costs award against them. I can understand why you are worried. If they do claim I would suggest you find a solicitor who will give you a free initial consultation. Many hight street firms do. Good luck. I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise credited for my time. Many thanks.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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