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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48213
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I took a position six weeks ago as a Senior Finance manger

Resolved Question:

I took a position six weeks ago as a Senior Finance manger in an owner-managed business. At interview stage the owners made clear the company had some issues to address and which we discussed at length to address but that the Company was financially sound. I was asked at interview stage if there was anything I was concerned about which might make me reconsider my position. I replied I might need to reconsider if the actual financial position was any worse than the owners had set out.
Having been with the Company for six weeks I've got under the skin of the business and, unfortunately, things are significantly worse than set out and for that reason I've decided I want to leave.
I don't particularly want to go down any road of constructive dismissal but want to leave in a professional manner (sometimes these things just don't work out).
In my offer letter the notice required in the first three months of employment is one month. Given the circumstances I've described do I need to give this notice or can I argue that in some way the directors have breached their obligation of mutual trust and confidence?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. have you discussed that you feel you were mislead and are thinking of leaving your position.

Customer:

Yes I have set out in specific terms the areas where the position was different to that set out at interview stage and, given that at interview I was asked and responded to the question "What might cause you to reconsider your position?", explained that the different situation was causing me to reconsider my position.

Ben Jones :

ok thank you for that information.

leave it with me I need to look up a few things and then get my advice ready. I will post back on here when done there is no need to wait and you will receive an email when I have responded.


Customer:

Thank you.I'll await your response.

Ben Jones : Just to clarify at the outset you would not be able to claim constructive dismissal anyway because you need at least two years service with the employer to do so and as you have only been for such a short period of time you do not meet the minimum criteria to make a claim. So the only issue really is whether you would be expected to serve your contractual notice period or leave at shorter notice. Assuming that the information you were given at the start of your employment was either misleading or incorrect and and toy relied on that to make a decision on whether to join the company or not, there is a strong argument for misrepresentation which could amount to a breach of trust and confidence on the employers part. Whilst you cannot claim constructive dismissal you can use that as a reason to leave with immediate effect and claim that your contract with them has been repudiated. This would also mean that all of its terms including the notice period clause would be void and you would no longer have to adhere to them. If the employer disagrees with your argument then all they can do is consider suing you for breach-of-contract and pursue you for any damages or losses they may have incurred as a result. However such claims are very rarely made and also the employer has to show that actual losses have been incurred and that you also left in breach-of-contract, meaning they have to convince a court that what they told you at interview was correct and not misleading.
Customer:

you were given at the start of your employment was either misleading or incorrect and and toy relied on that to make a decision on whether to join the company or not

Customer:

Could you confirm that the words "and and toy" in the extract I sent through just now should actually read "and that you"?

Customer:


"...you were given at the start of your employment was either misleading or incorrect and and toy relied on that to make a decision on whether to join the company or not..."







Could you confirm that the words "and and toy" in the extract I sent through just now should read "and that you"?



Ben Jones :

Hi srry I id reply to this earlier but not sure why it did not register. Yes apologies for the typo, autocorrect must have gotten the better of me, your assumption is correct. Hope this clarifies your position

Customer:

Thanks for coming back to me and clarifying

Ben Jones :

you are welcome, all the best

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