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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Good evening. I wonder if you could help me please. I work

Resolved Question:

Good evening.
I wonder if you could help me please.
I work for a company that is a corporate in the dental business. It was bought out because of debt 3 years ago and my contract is still with the original corporate company on my contract. I am now wanting to leave the company and wondering if they can still keep me to the 12 weeks notice thats in my contract in the old business name?
I would really appreciate your advice.
With many thanks, Elle
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you remember if something called TUPE applied at the time of the transfer?

JACUSTOMER-n01w2s8k- :

yes, it did the first time it got bought out but this time nothing was given to us at all to do with the contracts. Its been more than 2 years.

Ben Jones :

was the last time it was bought done with the intention of keeping it as a going concern, in other words to rescue it and allow it to continue trading?

JACUSTOMER-n01w2s8k- :

yes

Expert:  Ben Jones replied 2 years ago.
OK in that case it is most likely that TUPE would have applied the last time round so your current employer would have taken you on with your existing terms and conditions. This would have also included your notice period for termination, which means you would be expected to give that if you wanted to leave.

If an 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. 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.

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 early, that is still a possibility, subject to the risks identified above.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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Customer: replied 2 years ago.

Many thanks Ben.


That helps me alot.


Elle

Expert:  Ben Jones replied 2 years ago.
You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:


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Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45331
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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