Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they offered you atrial period in the ew role
No, I would be required to sign a new contract, even though it would essentially be a continuation of my current contract
thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. 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. This would still be the case even if you were to be made redundant in the very near future. If that was to happen then the employer would still have to give you your notice period, although if the contract allows it they could terminate your employment immediately and pay you in lieu of notice instead.
So, if the employee fails to honour their contractual 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. 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.
It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. You may even find that the employer is happy for you to leave earlier than planned as it would save them the potential time and effort in including you in further consultation meetings and dealing with your redundancy. 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.