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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been in a new role week, however, a major change

Customer Question

I have been in a new role for one week, however, a major change relating to my marriage means I can no longer fulfil my contractual duties. I wish to resign with immediate effect with no notice period (contract states "shall give to the Company not less than three months’ notice in writing")
Is this feasible and do I have to share the reason?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello have you only started with the company a week ago or did you work for them before and had only been in a new role with them for a week?
Customer: replied 1 year ago.
Hi Ben
   Yes I only started working for the company last Monday
    Regards
         Alan
Expert:  Ben Jones replied 1 year ago.
If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, 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. Also the employer has to show that actual losses have been incurred and often that is not easy to do. 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. If no contractual notice period clause exists, an employee who has been continuously employed for at least one month is required to give a minimum notice period of one week in order to terminate their employment. It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible and there is a pressing need to leave early, that is still a possibility, subject to the risks identified above. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
I was aware of the above already Ben my question was given the circumstances is my requirement feasible given your experience and do I have to share the reason? Contract wording says Should not Must
Expert:  Ben Jones replied 1 year ago.
Your circumstances would not impact on the contractual duties you have so these will still stand and regardless of these circumstances if you do not work the contractual notice period you looks still be acting in breach. As to sharing the reason you cannot be forced to do this even if it is in the contract so if you really do not any to share it you do not have to
Customer: replied 1 year ago.
Fair enough; given the new situation means I CANNOT fulfil the contractual duties of the role then in one sense I will be in breach of contract no matter whether I stay and fail to perform or leave due to these new circumstances?
Expert:  Ben Jones replied 1 year ago.
In effect yes but that is where you have to try and negotiate with the employer. I understand you do not wish to share the reasons but if you do (to a degree at least) it may enable the employer to understand why you are doing this and they could be sympathetic with your situation, agreeing to let you go immediately and you would not be in breach. That may be better than just leaving without giving them any explanation as to why you had to do it so quickly
Customer: replied 1 year ago.
That's the approach I will take, thank you very much. One final question, is there a template or form of words I should use for the formal resignation letter in this situation to ensure I cover the required elements?
Expert:  Ben Jones replied 1 year ago.
Not really a resignation is a relatively simple process. You just state you wish to resign from your position as of the date of the letter, then state as much detail as you wish for the reasons and generally just thank them for the opportunity of employing you. There is not much more to it than that
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks again
Expert:  Ben Jones replied 1 year ago.
You are welcome

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