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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48787
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a job offer feb but employer is insisting

Resolved Question:

i have a job offer for 23rd feb but employer is insisting on 4 weeks notice what can i do please i have tried everything i can think of iam a low level employee with under two years experience
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, have you posted this question a second time intentionality?
Customer: replied 1 year ago.
no by mistake said i could use my original email
Customer: replied 1 year ago.
no said i could not use my orginal email
Customer: replied 1 year ago.
i am a bit frazzled by all of this apologies
Expert:  Ben Jones replied 1 year ago.
No problem, have you replied to the original query?
Customer: replied 1 year ago.
no what was it please
Expert:  Ben Jones replied 1 year ago.
are you able to access it via the following link and continue there please: http://www.justanswer.co.uk/employment-law/9j446-job-offer-can-t-give-current-employer-weeks.html
Customer: replied 1 year ago.
wont let me reply there sorry
Customer: replied 1 year ago.
in answer no they are not the greatest company in the world they would probably give me a ref which said dismissed and in financial services thats the kiss of death you would never work again
Expert:  Ben Jones replied 1 year ago.
No worries, we can continue here and I will close the other question and get you a refund on it. Going back to your query, 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. 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
Customer: replied 1 year ago.
cant afford to go awol in finance that spells death so all i can do is beg or give up if legally i cant leave
Expert:  Ben Jones replied 1 year ago.
that is correct, unfortunately. I hope the employer will be kind enough in the end
Customer: replied 1 year ago.
well kind is not a word i would use they are ruthless
Expert:  Ben Jones replied 1 year ago.
I understand but it is their right to hold you to your notice - it is a legal agreement between the two of you and you are expected to adhere to it. So when you take up a new job, you would need to do so by taking into account your responsibilities under your current contract. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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