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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have been offered a job starting in six months. I have a

Customer Question

I have been offered a job starting in six months. I have a contract with my existing employer (who Ive worked for over five years now) stating i need to give three months notice. However the market is small and I am sure they will find out I am working for them knowing I am leaving. I dont want to ruin my relationship/reputation by seeming deceiptful. If i tell them now (March) I will be leaving at the start of October can they dismiss me now, in three months time (ie my official notice period) or are they obliged to honour my contract until October?

Thanks
Nick
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

If your employer dismisses you simply because you are looking to work elsewhere, then such a dismissal might be unfair and you could make a claim for compensation.

However, there is nothing to stop your current employer giving you 3 months notice to quit your job with them, which means you would have to leave in July.

Alex
Customer: replied 3 years ago.


How does your second point differ from your first point? Can they legally dismiss me?


 


Thanks


NIck

Expert:  Alice H replied 3 years ago.
There is a difference.

- Dismissal is the same as being sacked. Unfair dismissal gives you the right to sue for compensation.

- Giving you 3 months notice is asking you to leave. Your employer has the right, as you do, under your contract, to give notice to end the relationship.

So, in short, if the notice period is 3 months your employer could give notice and ask you to leave at the end of that period.
Expert:  Alice H replied 3 years ago.
Hi

Just to make the position clear: as I said earlier if your employer dismisses you simply because you are looking to work elsewhere, then such a dismissal might be unfair and you could make a claim for compensation. Also if they give you notice just to get rid of you then that could also amount to unfair dismissal. But in general terms they could give you 3 months notice and end the relationship so long as they go about this in a fair way.

Happy to discuss further if needed.

Alex