Notice period advice

JReacher1

sangie595 wrote: »

How have you worked out that the employer will be happy for them to leave? Did you ask them? And could you please quote your evidence that " pretty much every company will not take legal action" - and how you know that the OPs employer is amongst them? I've known cleaners to be successfully sued. You may be right. But you have not a shred of evidence to say you are. So the OP can risk it. But they risk it knowing that you won't be paying them if you are wrong. Or will you?

The OP has said that they have been demoted and had their pay reduced. That seems to provide evidence that they are not valued in their workplace. As such I find it very unlikely that they would impose the 8 week notice in this situation!

As for pretty much every company not taking legal action that is correct. Companies do not take legal action against normal staff who only serve a 4 week notice period. The only exceptions are highly paid senior members of staff as in these scenarios it can be worth going down the legal route

sangie595

JReacher1 wrote: »

The OP has said that they have been demoted and had their pay reduced. That seems to provide evidence that they are not valued in their workplace. As such I find it very unlikely that they would impose the 8 week notice in this situation! Really? Based on what evidence? And the OP said nothing about being demoted.

As for pretty much every company not taking legal action that is correct. Companies do not take legal action against normal staff who only serve a 4 week notice period. The only exceptions are highly paid senior members of staff as in these scenarios it can be worth going down the legal route

I didn't ask you to repeat your unfounded assumptions. I asked you to evidence them. You know nothing about the company, nothing about the OP or their job. You are making this up.

I take it that your failure to comment on whether toy will be paying the OPs costs if they are sued means you won't be? Thought not.

JReacher1

sangie595 wrote: »

I didn't ask you to repeat your unfounded assumptions. I asked you to evidence them. You know nothing about the company, nothing about the OP or their job. You are making this up.

I take it that your failure to comment on whether toy will be paying the OPs costs if they are sued means you won't be? Thought not.

Have you read post 7 where the OP said they had been demoted?

sangie595

JReacher1 wrote: »

Have you read post 7 where the OP said they had been demoted?

You are correct, I missed that post. I was posting at the time. That doesn't change anything. Just provide your evidence, and confirm that you'll pay any costs the OP incurs by following your advice and I'll be happy and they'll be happy.

sangie595

popguy wrote: »

Has my employer breached the contract?

My salary was reduced a month after being demoted from a position managing staff and projects.
They feel it was fair as I wasn't performing in that role. I feel it was unfair as I wasn't given the support and the information necessary to do my job, despite bringing it to their attention a number of times. For instance, I didn't know about projects until they'd started, and wasn't introduced to clients as their point of contact, so never knew what work needed to be done.

Can an employer just change your job? Can they just reduce your pay?

Assuming that you have two years employment, then no they can't. Unless, of course, you carry on working for them, in which case you have agreed to the change.

JReacher1

sangie595 wrote: »

You are correct, I missed that post. I was posting at the time. That doesn't change anything. Just provide your evidence, and confirm that you'll pay any costs the OP incurs by following your advice and I'll be happy and they'll be happy.

Arguments like this are always very weak. I can happily say I will cover the legal expenses of everyone on this forum but as nobody knows who I am then if means nothing.

Plus on a more serious point of identity theft I would recommend that no person on this forum should ever provide personal details to someone else just because they have said they will give them some money. It is very dangerous.

getmore4less

popguy wrote: »

Hi,

I've recently been hit with a substantial pay cut, and am looking to leave the company.
In my contract it says:
Your employment may be terminated as follows:-
(a) By the employer...
(b) By you giving the Employer a minimum of 2 month’s notice.

But then in the "Gardening leave" section says:
Should you leave the Employer without notice or during the
relevant notice period without the permission of the Employer,
the Employer reserves the right to deduct a day’s pay for each
day not worked during the notice period. You consent to and
acknowledge that such deductions may be made.

Am I misreading this, or is this saying that if I don't work my notice period they won't pay me for it?
If this is the case, is it ok to do, or can they do me for breach of contract?

The key is that for the employer to sue you they would have to show a quantifiable loss they were unable to mitigate.

Being on garden leave makes that a lot harder for the employer.

if you did not want the contractual changes the correct procedure is to refuse them and they should put you on contractual notice of the change or you leave.

if you already accepted the change then you need to resign if you want to leave.

sangie595

JReacher1 wrote: »

Arguments like this are always very weak. I can happily say I will cover the legal expenses of everyone on this forum but as nobody knows who I am then if means nothing.

Plus on a more serious point of identity theft I would recommend that no person on this forum should ever provide personal details to someone else just because they have said they will give them some money. It is very dangerous.

So... no evidence to support your assertion then?

JReacher1

sangie595 wrote: »

So... no evidence to support your assertion then?

Well let’s see what the TUC say?

https://worksmart.org.uk/work-rights/losing-your-job/leaving-your-job/what-happens-if-i-do-not-give-required-notice

The phrase you are looking for it...


“In reality, this does not happen very often”

Or the jobsite

http://www.jobsite.co.uk/worklife/notice-periods-questions-answered-10523/

“Your old employer may also bring a claim against you for the additional costs arising from your breach of contract (such as the cost of replacement staff for the balance of the notice period.) Again, such claims are very rare and they are more likely to be brought against senior personnel only”

Or a solicitors.

http://www.landaulaw.co.uk/resignation/

“they could insist that you work your full notice period. If you nevertheless refuse to do so, your employer could try to pursue a claim for breach of contract against you. In practice, it is rare for employers to pursue such legal action, and they are only likely to do so if they suffer loss as a result of your early departure. For example, your employer may incur an increase in salary costs to replace you during your notice period or may suffer some other financial loss (especially if you hold a senior position)”

sangie595

JReacher1 wrote: »

Well let’s see what the TUC say?

https://worksmart.org.uk/work-rights/losing-your-job/leaving-your-job/what-happens-if-i-do-not-give-required-notice

The phrase you are looking for it...


“In reality, this does not happen very often”

Or the jobsite

http://www.jobsite.co.uk/worklife/notice-periods-questions-answered-10523/

“Your old employer may also bring a claim against you for the additional costs arising from your breach of contract (such as the cost of replacement staff for the balance of the notice period.) Again, such claims are very rare and they are more likely to be brought against senior personnel only”

Or a solicitors.

http://www.landaulaw.co.uk/resignation/

“they could insist that you work your full notice period. If you nevertheless refuse to do so, your employer could try to pursue a claim for breach of contract against you. In practice, it is rare for employers to pursue such legal action, and they are only likely to do so if they suffer loss as a result of your early departure. For example, your employer may incur an increase in salary costs to replace you during your notice period or may suffer some other financial loss (especially if you hold a senior position)”

I did not say that it happens often. I said that you cannot assert that it won't happen. Your comment said that "companies do not take legal action" against anyone but senior staff. That is not true. And you cannot either assert that the OPs company isn't one of the companies that will! Following your advice is a risk to the OP that they need not take. Telling someone something that puts them at risk is highly irresponsible. Asserting that risk won't exist is worse.

If the OP wants to manage the situation correctly and without risk, then they must either serve their notice or they must negotiate with the employer for a reduced period of notice. No other advice is legally correct - certainly not telling them to breach their contract and to hell with it!