Hello my name is ***** ***** I am happy to help you today. Is the employer likely to suffer any financial loss if you do leave early?
Ok well in that case there is nothing they can do about it if you refuse to work the notice. Technically whilst you will be in breach of contract for failing to work the full 3 month term the only action they could take is for damages in breach of contract. They can only claim for actual financial loss as a result of the breach. As there is no loss there will be nothing they can do if you do leave. Many employees leave in breach of contract in this way.
The only thing is that, as you know, you will not be entitled to any notice pay.
By that I mean notice pay for the period of notice that you do not work.
If you have any further questions about this please do ask.
Yes that does come into it as you can also argue a precedent has been set, but that would only be relevant really in the even that they could bring a claim against you for damages. Which they cannot.
They are not entitled to say anything which is untrue, if they do and you suffer a loss then it will amount to negligent misstatement and you could bring a claim against them.
They are enittled to say you left before the end of your notice period so you may want to raise this with the new employer.
They can say you are in breach of contract as this is technically correct. I would suggest you inform your new employer that this is the case in advance so if they do they will know what it relates to.
It is quite unlikely that they would say that you are in breach in this manner in any event.
Please do let me know if there is anything further you would like to know about this. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.