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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am in admin role (office manager) and I have an unusual

Resolved Question:

Hi
I am in admin role (office manager) and I have an unusual long period of notice, which makes it almost impossible for me to find a new job as no employer wants to wait that long for that type of role.
In December I approach my boss and said I was looking for another job and explained the situation. I ask if he would reduce my notice period to one month. He said he appreciated my honesty and not too worry about the notice. That could always be negotiated and yes he would alter it to a month. In return he asked that I kept him informed on my progress with my jobsearch, which I did.
Last week, I found a job and handed in my notice, asking for my notice period to be reduce to a month.
My boss replied by email to my request and copied the director.
For some reasons, he did a complete u turn then and said he acknowledge my letter and request to alter the notice period. Yet this was not in line with the terms of my contract and it would be for the director to decide.
I am starting the new job on the 18th April so I can stay longer than 5 weeks.
What are my options ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
How long is the notice period?
Customer: replied 1 year ago.
On my contract 3 months
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. 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.
Thank you so much. That's really helpful. Will let you know if I have any more question. Still trying to negotiate at the moment.
Expert:  Ben Jones replied 1 year ago.
You are welcome. 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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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