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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46157
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I left my employer on 16th February and started a new job I

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I left my employer on 16th February and started a new job I have been threatened with legal action unless I complete all outstanding works that from my previous job, I planned to finish all the outstanding works but couldn't take the abuse and breached my contract 2 weeks early and quit
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello what jobs are outstanding and how would it affect the employer? Please note I am in tribunal so will likely be able to reply fully later his afternoon thanks
Customer: replied 11 months ago.
I was a legionella risk assessor and was in the process of working through the site visits over a period of 6-9 months to complete the assessments I had completed 19 of the 30 sites and had handed in all assessment documents at my exit interview on the 26th February and invoices customer, the remaining 11 had not been booked in or invoiced I handed in my notice period of 1 month at the end of January but the abuse and threats I was receiving from my employer I decided to quit and break the terms of my contract when I had my exit interview on the 26th of February I was told that even though I have left the company I must finish the outstanding works or legal action would be taken against me, I was forced to sign a comp slip saying that I would complete the rest but after leaving I realised that I was no longer an employee of that company and do I really need to complete them, I have until tomorrow morning to reply with my answer if I commit to complete the outstanding surveys or face the consequences also my new employer does not want me to do the work as this could jeopardise my employment, can you help?
Customer: replied 11 months ago.
The only effect it would have on my x employer is they would look bad in the customers eyes
Expert:  Ben Jones replied 11 months ago.
Many thanks for your patience. 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. Looking bad in the customers’ eyes will not usually be sufficient, unless they can show they have suffered business as a result. 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 as mentioned 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. Also, there are circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc this reason can be relied on in order to leave with immediate effect. So this would be your best argument here and you can argue that due to the way you were treated by them you treated yourself as having been constructively dismissed and could leave with immediate effect. 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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46157
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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