Ask a Law Question, Get an Answer ASAP!
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Why do you think the 4 week notice period does not actually apply to you? Simply because you have not worked there for more than a month?
Ok thanks, ***** ***** of service has nothing to do with this unfortunately. It would have been relevant had there been no contractual notice period but that is not the case and you have a specific notice clause in your contract, which applies no matter how long you have worked there for. Had the contractual notice period not existed, then you default to the standard statutory notice period which states that anyone who has worked for the employer for more than a month needs to give at least a week’s notice. However, as mentioned, that only applies if there is no contractual notice period in place.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
No, not necessarily. If an employee fails to honour their contractual 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 rarely made. This is mainly due to the costs and time involved and also the relatively small damages that can be recovered. The employer has to show that actual and unavoidable losses have been incurred and often that is not easy to do. The most common damages they could claim for are due to engaging temporary cover for the employee’s duties. That would attract costs such as the difference in pay, if they were to be paid a higher wage, or recruitment fees for finding a replacement at short notice.
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 does not consider the employee for future work and/or refuses to provide a reference if requested.
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.
It is very unlikely they can prevent you from starting to work there. They have to go to court and get an injunction and it is going to be difficult, but not impossible. You will have to pay for any holidays you have taken over and above what you have accrued
Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.