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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50178
Experience:  Qualified Solicitor
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My husband has been working in italy and is having to return

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my husband has been working in italy and is having to return to uk but has a year work contract can they do anything?

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

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

Customer: replied 11 months ago.
he is leaving Italy tomorrow.
Customer: replied 11 months ago.
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Customer: replied 11 months ago.
How are you doing, my gut feeling is they can't do anything???

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

Customer: replied 11 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 11 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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