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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I hope you can help with my query I handed

Customer Question

Hello there, I hope you can help with my query
I handed in my notice to my current employer on the 15th November, as I have successfully got a new job....as my fixed term contract which was due to end on the 31st December is not being renewed (the place where I work is making over 260 colleagues redundant) My new employer wants me to start on the 30th November. (Contractually I am supposed to provide 1 months written notice) I made it very clear to my line manager back in October that I was looking for a new role as I could just sense that my contract would not be renewed, I was told that he would be as flexible as possible if my start date was sooner....he has just come back today and said that HR want me to work my full one months notice....I am worried that my new employer will withdraw their job offer if I cant start on the 30th November. I was unable to provide any further notice as I only received the contracts from the new employer at the end of last week. I have gone back to the new employer (via the agency) to see if I can push back my start date. Can my current employer stop me from taking up my new role?, can my new employer withdraw the job offer if I can start on the 30th November?
Advice and guidance appreciated on next steps
Regards
***** *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there please?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.
Customer: replied 1 year ago.
Hi there it has been since 11th August 2014, initially that was a 12 month fixed term contract but was extended in August this year to the 31st December 2015
Customer: replied 1 year ago.
Hi there, I would prefer to communicate via email
Expert:  Ben Jones replied 1 year ago.
Hi there, 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. Your current employer cannot stop you from starting with the new one, but the new one can withdraw their offer if you cannot start with them as already agreed. So in the circumstances it may be best to leave your job sooner and run the risk of them suing you for breach of contract, which as mentioned is a rather rare thing to happen. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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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Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Customer: replied 1 year ago.
Hello Ben, thanks for the advice it has been very useful indeed
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best and thanks for your rating