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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48741
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband has been working in italy and is having to return

Resolved Question:

my husband has been working in italy and is having to return to uk but has a year work contract can they do anything?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

Do you mean can the employer do anything because he leaves before the end of the contract?

Customer: replied 6 months ago.
he is leaving Italy tomorrow.
Customer: replied 6 months ago.
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Customer: replied 6 months ago.
How are you doing, my gut feeling is they can't do anything???
Expert:  Ben Jones replied 6 months ago.

Sorry my connection dropped earlier, have just managed to get back online. Is he employed under an Italian contract?

Customer: replied 6 months ago.
Expert:  Ben Jones replied 6 months ago.

Ok I can tell you what the general legal position is in terms of UK law but I cannot say what would happen under Italian law?

Customer: replied 6 months ago.
Ok
Expert:  Ben Jones replied 6 months ago.

Whilst he can leave at any time and they cannot force him to stay, if he had a specific contract length and he has not honoured that, he will be acting in breach of contract. In these circumstances the company can consider making a claim for breach of contract but they can only pursue him if they have incurred losses or damages as a result of him leaving early. For example, this could be costs in trying to find a replacement at short notice, or if a deal fell through because he was not available to complete the work. Also, remember that they are in Italy ad he will be in the UK – they have to sue him in Italy and then the court judgment will only be enforceable there, unless thy try and transfer it over to the UK. But this is not easy and will be expensive and complex, so the chances are that they may not be happy with his early departure, but will not go as far as actually going to court, especially if they cannot justify any losses.

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