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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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Since July 2005 I have been employed as Catering Manager at

Customer Question

Since July 2005 I have been employed as Catering Manager at a private school in Sussex.The contract I signed in 2005 states. 1. "The employee shall retire upon reaching normal retirement age (defined as sixty years old for both men and women) unless there is agreement in writing between the Employer and the Employee to continue service beyond that date when these conditions of service shall continue to apply" I was Sixty in March and since then my employer has not spoken to me about my continued employment. I now wish to leave. Question. As there is now no written agreement between us am I free to leave whenever I wish. There is no reference to a period of notice in the contract.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to assist you with your question today. Even if there is no current legal agreement in place, one would be implied in law do a contract would be in place regardless. If there is no specific mention to a notice period then if you wanted to leave you would be expected to give the employer the minimum statutory notice period, which is a week. therefore you can leave your employment subject to giving your employer one week's notice.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.

In the original letter offering me the job it states "The notice period associated with this position would be 4 months in writing". But it is not in the contract. Would I be obliged to give the 4 months notice?

Expert:  Ben Jones replied 3 years ago.
Ideally it should have been in the contract unless the employer can show this letter formed part of the contract. That would depend on a number of factors and only a court can really decide if that was the case. However, by not giving the required notice you would only 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. As you are retiring that would not pose an issue for you though
Expert:  Nicola-mod replied 3 years ago.

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