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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48718
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good evening. I am based in England... I have been offered

Resolved Question:

Good evening.
I am based in England...
I have been offered a job elsewhere, and thought my notice was 8 weeks. I wrote a letter asking weeks, they declined and said 8. Ok that's contractual agreement.
Subsequent to the written response, I approached my manager and was having a discussion regarding my notice period. It was reinforced the 8 weeks, as I was walking away from his discussion -- my manager called me a *****. Surprisingly, I am a lot more offended by his actions, and find they were meant to cause a reaction. (5pm leaving time, very few people within the office and possibly no one within witness distance). The following morning I made a complaint to my HR.
The contractual notice isn't really the issue here it's just the prelude to the conversation.
I am very worried that the manager is going to claim I made up the accusations solely to reduce the term of my contract, and naturally very stressed about this situation.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation? Due to the time I will be going offline but will respond first thing tomorrow thanks
Customer:

Ben, ultimately I find the context of the comment and it's subtle nature to be just offensive. If how I feeling right now, I wouldn't have walked away, and the question would be very different in nature. The situation is complicated by the fact I have already stated my intention of leaving.

Customer:

I need to think about protecting references and my future employment. Without having to put up with comments, I understand I could probably just walk sue dismissal. But that isn't an option I would like to pursue.

Ben Jones :

, many thanks patience. It is unlikely that this one single incident will give you rights to pursue a constructive dismissal claim, especially as you had already made plans to leave so the reasons leaving would not have been the comments made by the manager.

Now, are you actually going to honour your contractual notice period or still would look to leave after 4 weeks?


Customer:

Ben. I am on tablet. So I just need to be mindful of the auto correct.

Ben Jones :

No problem, been caught out a few times myself...

Customer:

In short I had a meeting with HR. Went really well today. I think there is a multiple of scenarios at hand. It isn't my intention to breach contract Nor looking excuse. I fundamentally think

Customer:

A) there hasn't been a job here .

Customer:

B) which has meant them asking weeks I took be personal.

Customer:

C) during a conversation about my notice period as I was walking off. Couple of yard. I heard him say Prick, which is is nothing but more i think about it the more angry I get.

Customer:

But you are right that it isn't enough on its own, and I am not using it solely to walk out the door. Would have already done that. It is do I put up with that behaviour and why should I let him get away with it.

Ben Jones :

ok sorry I am still unclear as to what your specific query about all of this is - do you wish to try and find a way of leaving earlier, or to do something about the manager's actions?

Customer:

It's more a chat, impartially am I being reasonable, unreasonable. What's a fair solution from an outsider.

Ben Jones :

it would depend on what you are actually hoping to achieve here

Customer:

my intention isn't take legal proceedings.. But be aware of my position, and recommendations how to negotiate a solution that suits all parties.

Ben Jones :

Ok well you are not being unreasonable offence at what happened with the manager because that is highly unprofessional and not something one would expect in a professional working environment. However, as mentioned, the incident on its own is unlikely to give you the rights to just walk away and pursue a constructive dismissal claim. You can still leave earlier than the contractual notice and use the constructive dismissal argument as a reason so but you would not be obliged to make a claim.

However, you are going to potentially rely on references from them so you would need to keep them on your side because an employer is not obliged to provide a reference to departing employees. They can’t just go ahead and give a false or misleading reference but they can refuse to issue one, although I can’t say if that is a genuine risk – it depends on the individual employer and how they perceive this and their way of dealing with such situations.

If the reference is not an issue then you do have the option of leaving early anyway, even if it was in breach of contract. All the employer can do is sue you they have incurred as a result of you doing so but these would not be great and it is a very rare claim made by employers so the risks are quite low.

Customer:

thanks Ben. I think your answer sums up the situation perfectly. I had a meeting with HR, I don't hint he meeting could have gone any better. I like to be fair and reasonable And like to honour my agreements.

Customer:

Think not hint

Customer:

But whilst I openly accept my contractual obligations would have at least liked an opportunity to discuss, make a Plan Just felt there was a better solution to their, straight no.

Customer:

But anyways, I will rate and accept your answer. Have a good day.

Ben Jones :

Yes I understand but legally they are not obliged to discuss such options and if they really wanted to they could stick to the contractual obligations - so morally they may not have gone about this in the best way but legally, it is their prerogative to do so

Customer:

Absolutely I accept that. But hopefully things sort themselves out soon, and the new employers are going to be very lucky. I am going to be so motivated after this episode Not that it was ever an issue anyway.

Customer:

Nevertheless, thanks view point, time and best wishes.

Ben Jones :

you are most welcome, all the best

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