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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47371
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I worked in the Netherlands and moved back to UK last year.

Resolved Question:

I worked in the Netherlands and moved back to UK last year. They changed my contract from NL and gave me a temporary contract for commuting in and out of UK to NL but they stopped my permanent dutch base contract and got rid of it (probably not legal what they did as I never agreed to this) I have resigned and the only contract I have is this commuter contract they forgot to write a base contract in the UK. There is no written notification period in this temporary contract. I have resigned and HR are trying to say they can hold me to a 2 month notification period (based on the previous contract base contract). Can they hold me to this notification period or can I walk..
I have give them one months notice. many thanks hope you can help
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was the contract under UK law?
Customer: replied 1 year ago.
It is a commuting contract from UK to Netherlands
Expert:  Ben Jones replied 1 year ago.
Is it governed under Dutch or UK laws?
Customer: replied 1 year ago.
It was signed by the UK HR team
Expert:  Ben Jones replied 1 year ago.
ok that would not determine which country's laws applied, are you able to check the contract itself?
Customer: replied 1 year ago.
how would I know it was under UK law looking at it?
Expert:  Ben Jones replied 1 year ago.
there may be a clause stating that this contract is governed under Uk law, usually at the end of it
Customer: replied 1 year ago.
its say Home country Nutricia UK
Expert:  Ben Jones replied 1 year ago.
That won't be it. Anyway, leave it with me I will reply fully in a bit, just have a meeting to go into right now, thank you
Customer: replied 1 year ago.
for any dispute pertaining to the assignment and concerning solely the host country the governing law and competent jurisdiction shall be those of the host country
Customer: replied 1 year ago.
it does not specify under UK law anywhere in the document only host country and the host country is mentioned as Nutricia ltd UK
Customer: replied 1 year ago.
OK thanks - UK is not mentioned by it says that termination etc.. would be under jurisdiction of the home country - do they need to state UK law?
Expert:  Ben Jones replied 1 year ago.
Thank you. It does appear that they had intended the contract to be covered by UK law because the refer to the host country which is specifically mentioned as being the UK so that could be enough. 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. If no contractual notice period clause exists, an employee who has been continuously employed for at least one month is required to give a minimum notice period of one week in order to terminate their employment. If your old contract was terminated and there was no mention in the new one about notice period, they cannot use the old contract’s notice period automatically. So in the circumstances you can tell them you are not bound by the old notice period as that contract was terminated. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
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