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  • FIRST POST
    • Tat111
    • By Tat111 27th Dec 17, 1:23 PM
    • 31Posts
    • 2Thanks
    Tat111
    Advice on breaching my contract
    • #1
    • 27th Dec 17, 1:23 PM
    Advice on breaching my contract 27th Dec 17 at 1:23 PM
    Hi there

    I have been working for a company for past 9 years. I found a new job. My notice period is 8 weeks, but employer doesn't want to negotiate and let me go after 4 weeks. My new employer is also not willing to wait longer than 4 weeks. I am thinking about leaving after 4 weeks, after doing some researching I found out that my employer could sue me for breaching my contract. I would like to ask if anyone had any experience dealing with this, just worried if it comes to it and the employer sue me, I would end up paying lots of money. I work as an account assistant, therefore my position is not senior, however my manager told me that there is a big handover I need to give.
    Any advice would be much appreciated
    Many thanks
Page 1
    • getmore4less
    • By getmore4less 27th Dec 17, 2:09 PM
    • 31,147 Posts
    • 18,667 Thanks
    getmore4less
    • #2
    • 27th Dec 17, 2:09 PM
    • #2
    • 27th Dec 17, 2:09 PM
    If your potential new employer is happy to insist you breach contract what else are they prepared to do once you work for them.

    You also potentially have them knowing you are happy to bend the rules.
    • IanSt
    • By IanSt 27th Dec 17, 7:09 PM
    • 206 Posts
    • 160 Thanks
    IanSt
    • #3
    • 27th Dec 17, 7:09 PM
    • #3
    • 27th Dec 17, 7:09 PM
    I'm not sure that was what Tat111 meant. I think they may mean that the new company is only willing to wait 4 weeks, not that they are telling them to leave before their notice period is served.

    Was this 4 week deadline mentioned during the interview or did it only come to light once you were offered the job?

    Have you got any holidays that you could use to reduce the 8 weeks period by? I assume because of the time of year that you've used them all up, but if by any chance you had some time that you were still owed then you could probably subtract them from the 8 week period.

    If the old company is insisting on you staying for the 8 weeks and that was in your terms and conditions that you are working to then if it were me then I'd chalk it up to experience and keep to the old job. I've experience of a company that did just what you are worried about and did sue someone relatively junior because they just upped and left early. And after all, reversing the situation, what would you think of a company that only paid you 4 weeks redundancy rather than 8?

    However before doing that I'd try the new company one more time. Tell them that you really want the job but that because of your misunderstanding you cannot start until the 8 weeks elapse. Maybe you could find a compromise period that would work for both, e.g. maybe 6 weeks would be good for both?

    If the job falls through then make sure that in future you mention the 8 weeks notice period during the interview. Or hand your notice in and then make sure that any interviews are only held 4 weeks after handing your notice in.
    Last edited by IanSt; 27-12-2017 at 7:11 PM.
    • DCFC79
    • By DCFC79 28th Dec 17, 9:05 PM
    • 30,586 Posts
    • 19,345 Thanks
    DCFC79
    • #4
    • 28th Dec 17, 9:05 PM
    • #4
    • 28th Dec 17, 9:05 PM
    Rhis isnt redundancy related OP, should be in the employment board Tat.
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 28th Dec 17, 9:46 PM
    • 2,991 Posts
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    keepcalmandstayoutofdebt
    • #5
    • 28th Dec 17, 9:46 PM
    • #5
    • 28th Dec 17, 9:46 PM
    People post on a sub forum for reasons that it is easier and so that they don't get a 'full roasting'.

    Sometimes from experience OP - you just can't do right from doing wrong. "Damed if you do, damed if you don't" comes to mind.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • silvercar
    • By silvercar 29th Dec 17, 9:51 AM
    • 36,374 Posts
    • 153,800 Thanks
    silvercar
    • #6
    • 29th Dec 17, 9:51 AM
    • #6
    • 29th Dec 17, 9:51 AM
    I am thinking about leaving after 4 weeks, after doing some researching I found out that my employer could sue me for breaching my contract.
    For an employer to win a case against you they would need to show that they did everything they reasonably could to mitigate their losses. They wouldn't win just because you breached your contract. They would need to quantify their losses and show they tried to reduce them.
    • patman99
    • By patman99 1st Jan 18, 6:54 PM
    • 8,153 Posts
    • 9,600 Thanks
    patman99
    • #7
    • 1st Jan 18, 6:54 PM
    • #7
    • 1st Jan 18, 6:54 PM
    The thing is, would a Judge see the notice period of 8 weeks as being excessive. Or, would he side with the employer?.

    Indeed, would your current employer actually want to risk pursuing you?.
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    • Takeaway_Addict
    • By Takeaway_Addict 2nd Jan 18, 8:27 AM
    • 5,695 Posts
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    Takeaway_Addict
    • #8
    • 2nd Jan 18, 8:27 AM
    • #8
    • 2nd Jan 18, 8:27 AM
    The thing is, would a Judge see the notice period of 8 weeks as being excessive. Or, would he side with the employer?.

    Indeed, would your current employer actually want to risk pursuing you?.
    Originally posted by patman99
    8 weeks would hardly ever be seen as excessive
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • JReacher1
    • By JReacher1 2nd Jan 18, 6:40 PM
    • 2,661 Posts
    • 3,661 Thanks
    JReacher1
    • #9
    • 2nd Jan 18, 6:40 PM
    • #9
    • 2nd Jan 18, 6:40 PM
    They won't take you to court as companies never do as for the sake of 4 weeks it is not worth the hassle.

    It is unprofessional but I would just say that you are only doing 4 weeks notice and give them the date of the last day you are turning up
    • tripled
    • By tripled 5th Jan 18, 8:28 PM
    • 2,445 Posts
    • 1,102 Thanks
    tripled
    It's unusual but not unheard of for companies to take people not working their notice to court. In theory they can claim any proven losses, e.g. the cost of employing a temp for four weeks, but they would have to offset what they have saved by not paying you in your absence against that. They would also have to demonstrate they have tried to mitigate any losses. So it's seldom worth it unless they could prove your absence cost them a lot of money and there was nothing they were able to do to mitigate that.

    Note that it is highly unlikely you will be able to get a reference from this company in future if you don't work your notice without agreement. It may also cause future employability issues if you work in a small industry where you're likely to encounter your old managers in the future.
    Last edited by tripled; 05-01-2018 at 8:32 PM.
    • fiisch
    • By fiisch 5th Jan 18, 10:04 PM
    • 225 Posts
    • 104 Thanks
    fiisch
    Nothing will happen. It's unprofessional, it's breaching your contract and harsh on your employer from the point of view they need to complete handover from someone of 9 years service and have every right to enforce the notice period.

    That said, you have to do what's right for you. If the new opportunity is worth it, most definitely walk. I've been in similar circumstances, and the best way to approach it is to be firm but open and honest i.e.: "I will be leaving on date X. I will do whatever is required to complete the handover in this time."

    Avoid being drawn into negotiation or discussion - be firm and up front, and ultimately they will accept your decision. No company in the history of employment law has ever taken an account assistant to court for honouring their notice*.


    *This may or may not be true, but I'd say the likelihood of them doing so is slim to none.
    Save £6k in 2018: £100 / £6000
    • marlot
    • By marlot 6th Jan 18, 10:50 AM
    • 3,201 Posts
    • 2,331 Thanks
    marlot
    I employed someone who's old employer was notorious for not paying people their last month of salary.

    He therefore resigned and walked on the same day (pay day).

    He was successfully sued for the cost of a contractor to backfill for his notice period.
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