Advice needed re breach of contract

RelocateLeeds

Hi,
I hold a senior position within a PCT (primary care trust) that the government has decided to abolish. I have been told that i am ineligible for voluntary redundancy as I am 'core' staff and it poses too much of an organisational risk. My only option has been to seek alternative employment which I have been succesful in. My contractual notice period is 12 weeks, under standard AfC conditions, but I want to leave at the end of January to start my new role- but guess what, my boss wont let me and is determined to hold me to 3 months notice- as it stands, he would currently get around 7 weeks notice, as I have already resigned. This seems grossly unfair being that the organisation is going to be dissolved and lots of colleagues have been made redundant. If I cant leave at the end of Jan, then there is a fair chance that this new opportunity may disappear and I dont want that! I also dont want breach of contract on my NHS service record(which is impeccable up to now) in case i wish to return at a later date. Any help and advice gratefully received!! Many thanks

KiKi

Hi there

If your notice period is 12 weeks, then it's 12 weeks, and I'm afraid there is little you can do about that, short of playing nice and negotiating with your boss. Given that you're in a senior role and were not eligible for VS because your role is business-critical, there will be little you can do. It may feel unfair that other roles have been made redundant, but that's because those roles weren't required. At the end of the day it's not about the people and getting them the best deal, it's about what roles are needed to deliver the changes and wind up the organisation.

I can only suggest you talk to your manager, and talk to your new organisation; 5 weeks isn't that long a period of time for them to wait. I assume that the position you're going to is also a senior one? Organisations know that for a senior role, the time of appointment until the point of induction is often up to 6 months. They expect 3 month notice periods...unless you've told them differently, of course!

As the organisation's being dissolved, surely you'd get redundancy even though you were not able to take VS? Just a comment that it seems like that's another option (unless you've not been there long enough to get a redundancy payment).

Sorry, it's not what you wanted to hear.
KiKi

KiKi

Actually, let me add one thing to that: you could just leave. However, if they could prove that your leaving caused a detrimental effect to the business and loss of contracts / work / other financial impact, they may sue you for breach of contract. It seems unlikely give that they're winding up the organisation - but as you said, if you ever wanted to come back that wouldn't look good or professional, esp from someone in a senior role.

KiKi

RelocateLeeds

Hi KiKi
Thanks for that, kinda confirmed what I thought! I'm not bothered about the money side of redundancies even though I would be entitled to a fair sum due to my length of service. It's just the entire process is a farce at the moment !! I could just leave, I doubt the nhs could prove financial detriment on me leaving early, I just don't want my record tarnished with breach of contract, in case I ever want to return. Thanks for your candour and advice

shaven-monkey

Got 5 weeks of holiday allowance saved up?

RelocateLeeds

No, mores the pity!! Already considered that one!!

RedSoleShoes

If your PCT is being abolished, have they given you notice on your role? What would happen if you didn't have another job and didn't resign?

RelocateLeeds

Lily,

Would be forced into another role for next 18 months, then ultimately made redundant in 2013

FBaby

I can't believe how callous they are being. They refused voluntary redundancy, but there was a chance you might be made so anyway. The whole reasons for PCT making such redundancies is the need to cut down on managerial costs. You ARE saving them money not only by leaving the organisation, but not even having to be paid a redundancy package. Yet, there are refusing you to end your notice earlier. Have you spoken to HR or your union? It is your boss decision, but maybe others might encourage him to rethink his decision... good luck.

anamenottaken

PCTs are continuing for more than a year and do need competent staff. Even with redeployment into your role, with everything else which is happening in trying to work through all the staffing issues at the moment they are going to need time to get the right person and ensure they are up to speed with what is required.

Do ask HR on Monday and, unless they can get agreement about an earlier leaving date, contact your new employer to explain that your notice period does or may have to be worked in full. At least it shows you are a very valuable person in the organisation.

KiKi

FBaby wrote: »

I can't believe how callous they are being. They refused voluntary redundancy, but there was a chance you might be made so anyway. The whole reasons for PCT making such redundancies is the need to cut down on managerial costs. You ARE saving them money not only by leaving the organisation, but not even having to be paid a redundancy package.

It would save costs, but the business isn't winding up until 2013 and his role is apparently still required. It sounds callous, and it's not in his best interests certainly - but the PCT have to make a decision on what they need, not be 'nice' and let him go! As his role is core with 18 months to go, they'll still have to replace him, and that will also take time for them, too, esp if they need him to hand over to the next person.

I agree, it seems harsh, but it's a business.
KiKi