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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Morning, I have a contract with 90 day notice period I want

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Morning,
I have a contract with 90 day notice period I want out of. The company have forced night shift work pattern on me which despite refusing to do for health reasons, they are insisting upon, by email on a Saturday night.
I never in 18months have been able to take a proper lunch break, I was verbally promised Christmas bonus and found out afterwards that I didn't qualify. I'm quite frankly getting stressed out with the job and want to leave to take up further employment. There is a clause about shift changes may be made on the contract but it's the manner, frequency and method that upsets me most, aside from amicable discussions that took place acknowledging the stress and responsibilities of the position, promising further pay award which never happened. No prospective contract work can be sought by me a short term solution when I'm expected to provide 90 days notice. I firmly believe the company are in breach of HSE regs and their own contract. What advice would you have? Scottish law I'm afraid.
Sincerely, David
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello are you an employee or contractor?
Customer: replied 1 year ago.
employee Ben
Customer: replied 1 year ago.
18 months into employ
Expert:  Ben Jones replied 1 year ago.
Thank you. Generally, 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. However, there are circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc this reason can be relied on in order to leave with immediate effect. 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.
"unreasonable stress" I work 12hrs in a stressfull situation daily, 4 on 4off in an office space which we know has inverse temperature control with respect to other office space in the building, no opening windows, 1 radio, 3 phones to answer, two pc monitors to observe with software packages, inadequate training, little or no break from the desk aside from toilet breaks and every other element of the business requires access to me daily to coordinate maintenance. I was on a shift pattern where relief would come in the form of a late shift at 1pm through until finish at 6pm however with an insistance in moving the late shift start to become a night shift at 6pm, I no longer have this relief. I look after aircraft maintenance.
I consider the stress great enough that I need an alternate job and life style to remain healthy. Last question is, would you consider from my brief explanation that I am under unreasonable stress? I certainly believe so.
Thx Ben, Rgds David
Expert:  Ben Jones replied 1 year ago.
Yes I do believe so. Also this only becomes an issue if they decide to sue you for breach of contract, which is very unlikely. So you can certainly use it as a reason to leave early and make it very clear why you are not serving your notice
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Customer: replied 1 year ago.
Thx Ben
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best