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Jenny, Solicitor
Category: Law
Satisfied Customers: 6467
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have worked company years. In May 2015 they

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Hi I have worked for a company for ten years. In May 2015 they changed my role and I am really unhappy in it. I raised this with my boss in August and with her boss in January. She explained that there is no way to change this. I resigned on 1st feb but I'm on a 3 month notice. End of financial year is 31st March therefore I asked if I could leave on this date. I've just been told I need to work until 21st April because they don't have cover for my role therefore it's a business risk. What are my options? Stuck in a role I hate, I've committed to deliver all my departments objective by end of year yet they want to keep me for three more weeks because they know they won't be able to find a replacement. Any ideas on what I can do next? Lorraine
Hello Lorraine my name is***** am an employment lawyer and I am happy to help you today, do you have another job to go to at this time and why did they change your job in the first place?
Customer: replied 2 years ago.
Hi Jenny,I put my CV out after I spoke with the director in January as she advised there was no option for my role to change and yes, I found a new job within two weeks therefore yes I have a new role to go to (fortunately).They changed my role because there was a need apparently to make changes to the whole function therefore the team that I had which was a performing team was given to another director to manage and i was given his team (a training function) which was not performing and asked to "fix" the issue in that area. I was told I would have a head of skills (as training is not my skillset) to support me. Each time we went through recruitment for the role, the role changed shape and eventually (during my discussion in January with the director) I was told that this was no longer a role we were going to fill therefore I would need to do that role too, possibly with the help of some contract resource.
despite training not being my skillset that team is performing now, all objectives for the year are on track to be completed by 31st March (end of financial year) therefore I just don't get why they would want to keep me for 3 weeks longer, knowing I am unhappy in the role and that I have an opportunity with another organisation. I just don't know how to respond. totally demoralizing even more than I already am.
Do you believe that the company will suffer any financial loss if you do leave without working this extra period?
Customer: replied 2 years ago.
I don't believe they will suffer any financial loss if I leave on 31st march as opposed to 21st April. there is not really much I can do in a 3 week period. it is a global corporate that I work for, I am the head of a skills function that provides skills to regional teams. this team/function would continue to deliver without me there to orchestrate it.
Ok in that case there will be little your employer can do about it if you do finish the 31 March. You are technically leaving in breach of contract (failing to work the full notice period) but your employer can only sue you in breach of contract if they suffer an actual financial loss, which does not appear to be the case here. The only other possible impact is that the employer could give you a reference which refers to the fact you have failed to work the full notice. I do not imagine this will bother your new employer too much. If you have any further questions please do ask. if I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
Thank you Jenny, so for clarity, do I state I will be leaving on 31st March or just leave on that date?
Either is fine but it is probably best to be upfront.
Customer: replied 2 years ago.
ok and if I just told them today that I wasn't coming back on Monday (and probably wont do this as I really don't want to end my employment on a bad note) the worst that could happen is that I am in breach of contract with them. I'm just frustrated that I am busting a gut to ensure everything is closed off for end of year and a clean break for me yet the director is stamping her authority that she wants to keep me to the end. I just feel like not going back at all.
Yes that's right. You obviously also will not be paid for any period of notice you do not work.
Customer: replied 2 years ago.
and the only way my new employer could find out that I did not complete my notice period is if they asked in their reference question? Can they ask this?
They could either ask it directly or if the reference asks for any other information the employer might disclose it that way.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
ok great. thank you Jenny you have been very helpful. really appreciate it.
No problem all the best in your new job.