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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61270
Experience:  Qualified Employment Solicitor
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Notice advices, manager, employees, no

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notice advices
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Please provide some more details of your circumstances. Please note I am mobile at present so may not be able to reply immediately, thanks

Customer: replied 13 days ago.
Hi Ben
i'm looking for some advices in regards to my PAYE contract
Customer: replied 13 days ago.
I'm currently working with a company for over 4 years and my contract states 3months notice
Customer: replied 13 days ago.
however, i sent them an email on 28th with my resignation asking them to give me notice period of 4weeks rather than 3months - which i believe is way too much and makes it harder to leave & find a new job
Customer: replied 13 days ago.
now after i sent my email with the notice on 28th, they never said anything back to me so i did steps towards my new job and agreed a start date with them
Customer: replied 13 days ago.
nearly 2 weeks after i submited my notice, on Wednesday 6/11/19 - my manager responded saying that i need to work for 3months
Customer: replied 13 days ago.
My notice was sent on 28/10 saying that i want to work a notice period of 4 weeks - until 22/11
my manager responded on 6/11 saying that I need to work until 28th of January or earliest 20th December
Customer: replied 13 days ago.
If i go above 22November i will lose my other job..
Customer: replied 13 days ago.
And if i go before i’m sure they will do something about it.. either not pay me for this month or take legal actions..
can you help me with some advices as i don’t know too many things about employment laws and what can i do in this situation

Thank you. If there is a written contract in place and it contains a specific notice period clause an employee must give if they wanted to resign, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period they will be acting in breach of contract. Whilst no one can physically force them to work through their notice period, it would instead allow the employer to sue them for compensation for losses/damages resulting from their breach.

 

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. The employer has to show that actual losses have been incurred and often that is not easy to do. The most common damages they would claim for are if they have to engage temporary cover for the employee’s duties and the extra wages they have to pay them or recruitment fees for recruiting a replacement at short notice.

 

So whilst there is no way of predicting whether the employer will take this any further, 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. 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.

 

Does this answer your query?

 

Customer: replied 13 days ago.
Thanks for your answer Ben. it makes me understand better. there is a signed contract in place that's correct and period mentioned is 3months.
so if i emailed my notice and they never responded to me in a timely manner it doesn't really matter right ?
Customer: replied 13 days ago.
considering we're paid at the end of the month another option i was thinking was to wait until the end of the month and then, once paid, claim that i'm sick.
to be honest they made my working environment very very stressful as i started to take stress&anxiety pills hence why i decided to leave. I've also mentioned that my health is at risk in that environment
Customer: replied 13 days ago.
what can they do in these scenarios?

They do not have to reply to accept it, the notice you must give is still the binding one unless they specifically agree to vary it. The risk with going sick and then working elsewhere is they may accuse you of fraud if you sre getting sick pay from them. In a way its better to just leave than being sick there and working elsewhere at the same time

Customer: replied 13 days ago.
I’m not entitled to sick pay so i wasn’t going to claim anything like that. Just get paid for the month i worked in full, and then just leave
Customer: replied 13 days ago.
That if we can’t come to an agreement..

You don't even get SSP?

Customer: replied 13 days ago.
contract says i'm not entitled to that

That is a legal right, not something decided by contract so it would be a breach of law by the employer anyway if they unfairly deny you that. Another thought is that you could state you are treating yourself as constructively dismissed because they are denying you the legal right to get SSP and you are leaving with immediate effect instead

Customer: replied 13 days ago.
Hi Ben. After you mentioned it i've double checked my contract and indeed SSP is mentioned and it applies.
it would have been a good exit option for me :)

Yes so being signed off and working elsewhere would be risky so the best option may still be to just resign early and take that risk instead

Customer: replied 13 days ago.
Thank you very much Ben. You’ve been very helpful :)

All the best

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