Working notice

fionamay41

Posting on behalf of my son, who currently works in the hotel catering industry as a chef. Yesterday he went for a new interview and was offered the job straight away with a start date of 13/12/2013. Current employers want one months notice. Story so far today told current employers he was leaving so they offered more money son said thanks but no thanks, I would like leave. Later on duty manager called him back stating company have lawyers and if he leaves before his months notice he will be billed£2500 for an agency chef to cover his shifts. Duty manager also gave him a copy of his contract stating he signed agreeing to this. From what I remember from his contract it stated one months notice was required nothing about a penalty being paid if he left before the one month. New employer knows what has happened and is willing to give it a couple of days to get resolved before they have to re advertise the job. The career move is a step up the ladder for my son too good an opportunity to give up. What we want to know is there any way round this penalty payment, what would happen if he just walked out (a common practice among chefs apparently). Where does he stand legally. His current employers are a multi nation world wide company. Thanks in advance.

AP007

If the contract says a month then it is a month and like he was told he can be billed for any extra costs the company have if he leaves early. He would be in breach of the contact if he leaves before.

He will have to work the notice or expect to go to court.

marybelle01

If he agreed a months notice, that is what he is required to work. If he does not then the employer can sue for the quantifiable loss - the difference between what it would cost if he stayed and to replace him during his notice period. At time of year, given what he does for a living, that cost could be very high! It may be a bluff - they may simply refuse to pay him and wait for him to make something of it before countersuing. But they don't have to. So it's his risk if he leaves before his notice ends.

The size of the employer isn't relevant - but they will have the legal resources to make an example of him if they want to.

zagfles

Yes basically if he leaves without giving his contractual notice he's in breach of contract and the employer can sue him for the costs they incur as a result. Just like if they decided they didn't need him anymore, they'd have to pay his contractual notice (at least).

The new employer should be aware of this and if they want him immediately perhaps they could offer to pay the penalty or at least give him a loan for it deducted from his wages over a year or so. If they want someone currently in another job it's unreasonable to expect them to breach their contract - would they really prefer someone who's been unemployed for a while?

jacques_chirac

zagfles wrote: »

If they want someone currently in another job it's unreasonable to expect them to breach their contract - would they really prefer someone who's been unemployed for a while?

I'm guessing they want him to start now so they can avoid paying the above agency rates for Chistmas staff!

marybelle01

jacques_chirac wrote: »

I'm guessing they want him to start now so they can avoid paying the above agency rates for Chistmas staff!

More than likely

But one has to wonder about an employer who does not recognise that people in work have to give and work notice - because you can bet that if the boot was on the other foot, they'd give a damn about their own employees working their notice. The fact they were stuck recruiting so close to Christmas is their own fault, nobody else's, and it is unreasonable to expect that a chef with a months notice can drop everything and leave weeks before Christmas. If they have to re-advertise, they won't appoint in time anyway! If the employer is willing to act so utterly unreasonably now, what will they be like as an employer?

AP007

jacques_chirac wrote: »

I'm guessing they want him to start now so they can avoid paying the above agency rates for Chistmas staff!

It may be for a number of reasons like a shorter notice period, or they fired someone, illness then resigned - all sorts

marybelle01

AP007 wrote: »

It may be for a number of reasons like a shorter notice period, or they fired someone, illness then resigned - all sorts

Irrelevant. A good employer who actually wants the person they appointed gets over it. They threaten to withdraw offers and appoint someone else over a notice period because that is their choice to act like a bully. The reason they are appointing at this time is not the OP's fault. It is their problem and their responsibility to manage it.

jacques_chirac

marybelle01 wrote: »

More than likely

But one has to wonder about an employer who does not recognise that people in work have to give and work notice - because you can bet that if the boot was on the other foot, they'd give a damn about their own employees working their notice. The fact they were stuck recruiting so close to Christmas is their own fault, nobody else's, and it is unreasonable to expect that a chef with a months notice can drop everything and leave weeks before Christmas. If they have to re-advertise, they won't appoint in time anyway! If the employer is willing to act so utterly unreasonably now, what will they be like as an employer?

Completely agree - given their attitude there's nothing to say they won't sack the OP's son as soon as the busy period is over. But equally the OP's son has shown a lack of commitment and loyalty by trying to avoid his notice period - as bad as each other?

AP007

marybelle01 wrote: »

Irrelevant. A good employer who actually wants the person they appointed gets over it. They threaten to withdraw offers and appoint someone else over a notice period because that is their choice to act like a bully. The reason they are appointing at this time is not the OP's fault. It is their problem and their responsibility to manage it.

I never said it was the OPs fault at all but they know they can get someone else I guess asap so that's why they say it.

Gas_Powered_Toothbrush

Just get him to phone in sick each day from now until the end of the month.