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  • FIRST POST
    • popguy
    • By popguy 2nd Jan 18, 7:11 PM
    • 3Posts
    • 0Thanks
    popguy
    Notice period advice
    • #1
    • 2nd Jan 18, 7:11 PM
    Notice period advice 2nd Jan 18 at 7:11 PM
    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?
Page 2
    • sangie595
    • By sangie595 3rd Jan 18, 9:06 AM
    • 4,676 Posts
    • 7,895 Thanks
    sangie595
    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)”
    Originally posted by JReacher1
    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!
    • JReacher1
    • By JReacher1 3rd Jan 18, 11:25 AM
    • 2,851 Posts
    • 3,893 Thanks
    JReacher1
    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!
    Originally posted by sangie595
    My advice was

    "Would leave you with a bad reference and lead you open to legal action (which is unlikely to happen)"

    You seem to agree with this so let us just draw a line under it
    • steampowered
    • By steampowered 3rd Jan 18, 12:21 PM
    • 2,593 Posts
    • 2,540 Thanks
    steampowered
    It is a good idea to work the notice period.

    Aside from the (unlikely) chances of legal action for breach of contract, the more practical problem is that a new employer will probably ask for a reference. If that reference says you left without giving notice that is hardly a ringing endorsement.

    But if you feel you have been treated unfairly, and aren't too bothered about getting a good reference, you don't have to work hard. Turn up to work and get paid but do the bare minimum.
    • TELLIT01
    • By TELLIT01 3rd Jan 18, 1:57 PM
    • 5,015 Posts
    • 5,440 Thanks
    TELLIT01
    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?
    Originally posted by popguy
    There is a lot of potentially important information missing.

    How long had you been in the job?
    Had you come into the company in that role or were you promoted into it?
    Was there a probationary period, and if so what communication was there during that period?
    How long have you been with the company?
    Were you given the opportunity to improve to meet their requirements or simply told you were being demoted?
    • popguy
    • By popguy 4th Jan 18, 8:45 PM
    • 3 Posts
    • 0 Thanks
    popguy
    I've been in the job for just under a year.

    I joined the company in that role.

    Three month probation. Nothin was mentioned.
    At five months had a performance review, which, while not amazing, resulted in a small pay rise and positive chat about a promotion.

    The first I heard about them being unhappy with my performance was when given the demotion.

    They have said that the lower salary is appropriate to the position I am now in, but that I could get my salary back (but not my role) if I learn new skills over the next 2-3 months.
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