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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48771
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a question about notice periods in the UK. My

Resolved Question:

For Ben Jones
I have a question about notice periods in the UK.
My contract of employment with my current employer states that I must give 6 months written notification in the event that I decide to terminate my employment. I also have a 12 month non-compete built into my contract, which begins when I start my new company.
I resigned on Wednesday last week and am currently working my notice period. I am pleased my resignation has been accepted. I was expecting a start date in December (i.e. 6 months from now).
However, on Thursday last week, my current manager rang my new manager (who we both used to work with) to discuss my start date at the new company and when I could join. My new manager stated that he would have to check with HR and revert (which is still to happen).
I was made aware of this today by my manager and he had this conversation on Thursday without my consent or approval. Ideally, I would like some time off between working for one company and the other.
Theref
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello I don't quite understand what your query on this situation is can you please clarify thanks

Customer: replied 1 year ago.
i'll call you if I can (next week)?
Expert:  Ben Jones replied 1 year ago.

OK no problem I will make the phone call offer and when you are ready to discuss this just accept it and I will call as soon as I can when I am free, thank you

Customer: replied 1 year ago.
Ben - no need for a call. I have some concerns over my existing boss talking to my new boss. Is this usual for moving from one company to another to discuss MY leaving period? Seems a little unusual to me! I just wondered what proper course of action is.
Expert:  Ben Jones replied 1 year ago.

Hi there, I would not necessarily say that it is usual for such conversations to happen but it is possible. Usually two employers will only get in touch with each other following a reference request but if they know each other they can discuss this without a formal reference request. People talk about others without their knowledge or permission every day and in all sorts of situations so that in itself is not illegal – you do not need a person’s consent to talk about them to others. Of course that does not mean that they can necessarily discuss personal details about that person so you could try and argue that discussing your notice period, could be a breach of data protection. It is not that strong of an argument though because personal data under data protection is date from which an individual is recognised and it is unlikely that your notice period alone is enough to amount to personal data but you could still try and raise that argument. That is all you can do in the circumstances though, you cannot really take any legal action over this, you need to show there was a data breach and that there were losses suffered as a result, which is unlikely to have happened here.

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