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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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I am currently COO danish company stationed in

Resolved Question:

Hello, I am currently COO for a danish company stationed in Singapore. I have been asked to transfer to UK to take on the MD role for UK and Ireland - which I am not too happy with....... In Singapore I have 3 months notice according to my employment contract. I have two questions: 1. If I sign the UK employment contract but 'resign' before I start, is that possible without being sued from the company? Or this there any other legal rights I should consider? The start date in London will be around 15 Aug. 2. I have not resigned my Singapore job, but if I sign the UK employment contract, will the Singapore contract automatically be void? This transfer is within the same company.....

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is the company terminating your employment in Singapore and starting a new UK contract or is it intended that you are transferring under your existing contract with the terms being varied?
Customer: replied 2 years ago.

No, the company has not yet terminated my employment in SIN. This is an internal transfer but I will get a new UK employment contract. My big concern is, if I sign the next few days but resign before I start the employment in UK (aug 15th) can they sue me? If I dont sign I am sure they will terminate my employment contract in SIN, which is fine..... My intention is of course to 'buy time' and just sign the new UK contract and then resign before start up...... hope this clarifys

Expert:  JGM replied 2 years ago.
If it's simply an internal transfer then there is no new contract as such and you can resign your position. If they are treating this as a new employment and you sign up and don't start then they could hold you in breach.
Customer: replied 2 years ago.
I am signing a new contract so what does it mean when you say they could hold me in breach?
Expert:  JGM replied 2 years ago.
If you have a new contract as opposed to just a transfer then if you don't do what the contract says they could hold you in breach. You would have to follow the notice provisions and other terms in the new contract if you want to leave.
Customer: replied 2 years ago.
Hello, what about if I sign it now but start up in Aug 15th and I terminate before start up? Can they the. Also hold me for breach? When does the contract have effect, the signing date or start date?
Expert:  JGM replied 2 years ago.
The contract is binding on the signing date.
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