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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32927
Experience:  Over 25 years experience in law
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What happen if i broken a contract before to finish the first

Resolved Question:

what happen if i broken a contract before to finish the first month
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
What type of contract is it?
Customer: replied 1 year ago.

I have a permanent contract with a hotel as breakfast chef, I don´t finished my first month working and have a note to give 6 weeks notice in advance before to left the job.

I am very unhappy and i think is so bad for my the job conditions and I have problems with the rent house and the school for my daughter so I need break the contract tomorrow and back to Scotland. Actually I am living in Reading, UK

Expert:  Thomas Judge replied 1 year ago.
I see. You are strictly speaking in breach of contract if you leave without giving them the required notice. In theory they can sue, but you may have more of an idea from working with them whether this is likely or not. Leaving before your notice period can also affect your reference. If you leave before your contract expires, then it could be put on a reference. I would suggest speaking with the employer and telling them about your difficulties and whether you can agree for you to leave early. Happy to discuss. Please rate positive
Customer: replied 1 year ago.

I was talking this morning with the owner and told me that is impossible and i need to give six weeks in advance. Today the managers stop to talk with me and start with bad faces. Refuse to talk with me and I know maybe is possible a court demand but I am desperate and I need to back to my house. Actually I don´t care about the notes in my references, the only I want is finish tomorrow and back at home. What is your last consideration??? Thanks in advance i will rate you after this last question...thanks again

Expert:  Thomas Judge replied 1 year ago.
Is it is writing as a term of the contract as being 6 weeks or was it just mentioned by them?
Customer: replied 1 year ago.

It´s writing on the contract:

"

9. PERIOD OF NOTICE

The minimum period of notice required to be given by either party is 6 weeks during the first three months, increasing to 8 weeks thereafter. By mutual agreement, these notice periods can be waived without payment in lieu of notice. In the event that unsatisfactory references are received, your employment may be terminated without notice.

At the absolute discretion of the Company, payment in lieu of working notice may be made. In the instance of summary dismissal for gross misconduct or failure to serve contractual notice, the right to receive notice and payment in lieu of notice as well as arrears of pay and holiday entitlement will be forfeit. In addition should you fail to serve your full contractual notice or should you fail to commence employment as contracted, you will be legally liable to reimburse the company with liquidated damages at a rate of one week’s pay for each complete or partially incomplete week of your notice period which you fail to serve in breach of your contract of employment. This represents the full extent of liquidated damages that will be pursued against you and reflects the cost to the company of an employee’s failure to work during their notice period. You further agree that in the event that you undertake proceedings against the Company at Employment Tribunal and you are unsuccessful in your application, you will be fully responsible for the Company’s costs in defending such proceedings."

that is the the part we are talking on the contract...Thanks

Expert:  Thomas Judge replied 1 year ago.
I see. Well if you leave early it is a breach of the contract and they can should they wish sue you in breach. You would have a better idea of this particular company as to whether this is likely. Happy to discuss further and best of luck whatever you decide. Please rate positive.
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32927
Experience: Over 25 years experience in law
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