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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter will start her first full time job on the 1

Resolved Question:

My daughter Emily will start her first full time job on the 1 September as a PE Specialist in 4 different primary schools, on a very basic wage of £13,000, but with petrol expenses. She has since signing a contract to start in September seen and will be applying for a Sport Coach at a private school near to where she lives, the salary would be £7000 more, less driving and would enable her to continue working towards her level 3 Hockey coaching certificate.
We know that she would have to pay back around £500 for the 2 days training that has already taken place, but I wanted to know would she have to serve notice even though she has not actually started any teaching as yet. I realise this is all if she gets the job etc, but just wanted to know in advance how things would state should she get to an interview stage. From reading her contract it looks as though Emily would have to serve a 2 week notice for under 1 month's service, or a month for 1 months in service; it then goes onto mention about enforcing the Service Agreement which I cannot find any information for with the paperwork I have at the moment.
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello do you believe they will find a replacement in time for when the job was supposed to start?

Expert:  Ben Jones replied 8 months ago.

Hello, not sure if you saw my initial query above - do you believe they will find a replacement in time for when the job was supposed to start?

Customer: replied 8 months ago.
Hi Ben
Sorry, I couldn't get back to you earlier; I work full time and really busy today, not always easy to catch up on personal emails.I would say they should be able to fill Emily's position should they need to, or rearrange staff who they could only take on part-time and switch them to full time. But I could 100% say yes. This is all speculative the interviews would take place on 22 August, but I don't know how soon after the School would offer the job to anyone. I assuming quiet soon as soon then start back the first week of September usually?
Expert:  Ben Jones replied 8 months ago.

Hi, no problem and thanks for getting back to me. If she had accepted a formal job offer then there would be a legally binding contract in place. Therefore, if she failed to proceed with it she would technically be in breach of contract. The notice period she is subject to would, strictly speaking, only apply once she has started the job. However, she could still give an equal, or preferably longer notice period before she is due to start.

If she was to be in breach of contract then the employer can only potentially pursue her for any direct losses incurred as a result of her breach. In these circumstances that would usually be costs associated with getting a replacement at short notice or paying extra for a temporary worker to do the work until they find a permanent replacement. The longer notice period she gives the better chances they have of finding someone to replace her without incurring additional costs. She will give them just over a month’s notice and I would hope that this is sufficient for them to find a suitable replacement. If they cannot and need to get a temp in to fill her position for a while then technically they could consider pursuing her for the difference in pay. However, I must say that such claims are very rarely made as the damages they can pursue do not justify taking formal legal action so they will likely just let the matter go and at worst it would result in a breakdown of relationship between the two parties. That is the way these cases go 99% of the time to be honest.

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

Expert:  Ben Jones replied 8 months 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.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46173
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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