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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there?
Did you get my reply
OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Many thanks for your patience. You may indeed try and argue that their actions had resulted in a reach of contract, which has given rise to you being able to claim that you have been constructive dismissed. In a constructive dismissal case the employer would have acted in a serious breach of contract, which brings the whole contract to an immediate close and makes all of the terms within it void, including the requirement on the employee to give notice of termination of their employment.
In all honesty, even if the employer disputes your reasons for leaving without serving notice, it is very rare for them to challenge that. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, as mentioned 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.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thanks for the answer. Just a further two short questions if I may.
1) Is there anyway the company can try and stop me working for another company providing it is not a competitor?
2) The company has threatened to "trash" my reputation what if any legal recourse do I have here?, to be clear other than giving less notice than contractually obliged, for the reasons outlined in my question, I have a 100% clean record with them.
Hi John, to answer your follow up queries:
Hope this answers your further queries?
Thanks that is all.
you are welcome, all the best