Advice needed re breach of contract

RelocateLeeds

Well actually, it's funny you should mention that. After I resigned, it was announced in the interim structure that my post was no longer required, but after I complained it magically found it's way back in. I am currently taking legal advice....

KiKi

RelocateLeeds wrote: »

Well actually, it's funny you should mention that. After I resigned, it was announced in the interim structure that my post was no longer required, but after I complained it magically found it's way back in. I am currently taking legal advice....

Hi again

Just as an FYI: either way, your contract says 12 weeks. The fact that they may have changed their mind about your role in the structure, TBH, is neither here nor there - even if they *did* put your role back in to keep you, you can't prove it.

In addition, they could have enforced your 12 week notice period even if your role wasn't in the interim structure! I'm not an employment lawyer, but I'd imagine that negotiation is your best bet here. Interested to hear how you get on, though - update us next week!

KiKi

FBaby

KiKi wrote: »

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

OP has resigned anyway, so if the post was essentiel (clearly a debated matter!), they would have to recruit someone else anyway, even if only for 2 years. Any 'clever' employer know that keeping someone who doesn't want to be there and won't be in the near future is not going to contribute as well as a new eager employer if at all. For the sake of 7 weeks, I really don't see what they are gaining by refusing OP to leave earlier.

It certainly is normal practice at my PCT, as a matter of fact, I don't know anyone who has worked their full notice when 3 months when they have been offered another position unless it was within the NHS and the other organisation was happy to wait.

KiKi

FBaby wrote: »

OP has resigned anyway, so if the post was essentiel (clearly a debated matter!), they would have to recruit someone else anyway, even if only for 2 years. Any 'clever' employer know that keeping someone who doesn't want to be there and won't be in the near future is not going to contribute as well as a new eager employer if at all.

Completely agree with all of that. :0 I'm just saying that the business have no need to make the decision in his interests, only their own! For senior roles, especially, there usually needs to be a handover period so the point of the 12 weeks allows them to recruit and train up someone else. Although it doesn't seem that they've done that, either...?!

Perhaps his manager is just a pain in the bottom. To put it nicely.

KiKi