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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My contract of employment requires me to give 3 months notice.

Customer Question

My contract of employment requires me to give 3 month's notice. My job as an Administration Manage appears to be insecure on account of poor performance by the company, so I wish to obtain a new job whilst I am still in employment. A new employer is unlikely to agree to wait 3 months. If I give my present employer 6 weeks or so notice what penalties am I liable to face.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Are they going to be unable to replace you?
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX 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 notice period, the employee will be contractually bound by it. If the employee fails to honour this notice period then technically they will be acting in breach of contract. The employer can then make a claim for breach of contract and seek compensation for damages resulting from that breach. However, such claims are very rarely made. This is mainly due to the costs and time required to do so, plus the uncertainty over the outcome. 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 probable outcome would be that the employer refuses to provide a reference in the future or if they do, it may mention that the employee had left in breach of 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 immediately, that may be the only option, subject to the risks identified above.

One final option is to claim that you believe you have been constructively dismissed. That occurs when an employer has committed a serious breach of contract. If you believe that such a breach has occurred, you can treat the contract as having been terminated with immediate effect and argue that you can leave without giving any notice as the contractual notice period would no longer be enforceable. However, only go down this route if there is a genuine breach by your employer and inform them that you are treating yourself as having been constructively dismissed.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44894
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Expert:  Ben Jones replied 3 years ago.
Hello, we do not have access to your account and to resolve any payment issues you need to contact our customer services department at [email protected]

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