Advice Please

YestinYestin Feels At HomeRegistered Posts: 83
Hello All,

This is the situation:

I gave my notice in on the 3rd of this month, my contract states I have to give 6 weeks. BUT I have been offered a job starting on the 1st December and they are not wanting to let me go before the 6 weeks are up, if I don't start on the 1st December I will lose the job and it is an excellent opportunity to advance in my career.....

My question is:

Can they take me to court or something if I tell them I am leaving on the 1st?

Comments

  • loraluloralu Feels At Home Registered Posts: 64
    have you got any o/s holiday you can use up?
  • YestinYestin Feels At Home Registered Posts: 83
    Only about 2 or 3 at most.
  • JanJan Experienced Mentor Registered Posts: 654
    Yestin wrote: »
    Can they take me to court or something if I tell them I am leaving on the 1st?

    I think that technically they could, but would there be any point in doing that? It's only going to cost them. Most employers don't like loosing staff (unless they are absolutely hopeless at their job) so they are quoting your contract in the hope that you'll stay. Again IMHO a bit pointless as they then have an employee who they know wants to leave. Unless they are now going to offer what you are getting in your new job.

    What else can they do, they can hardly chain you to your desk for a couple of weeks! It might feel a bit uncomfortable at work till you do leave, so good luck.
  • Bookworm55Bookworm55 Trusted Regular Registered Posts: 479
    Can they take me to court or something if I tell them I am leaving on the 1st?

    As Jan said: technically but it's unlikely. You've given them four weeks notice, which isn't unreasonable but not the full amount the contract says. They won't like it, but there isn't that much they can do.

    There may be training costs to repay?
    You'd probably have trouble getting a good reference from them in the future.
  • NeilHNeilH Trusted Regular Registered Posts: 544
    Bookworm55 wrote: »
    You'd probably have trouble getting a good reference from them in the future.

    Hi

    Further to the above, they may still try and persue you for pay in lue of notice, in this case two weeks pay. The best thing would be to try a negotiate now, rather than leave it until the last minute and get hit by a load of grief then.

    Is there no room for negotiation with the new employer?

    Neil
  • YestinYestin Feels At Home Registered Posts: 83
    "Is there no room for negotiation with the new employer? "

    Nope, the new boss is going away mid December and what’s to spend a minimum of 2 weeks with me. I think I'll just be upfront and see where the chips fall. Thanks for all you help guys.
  • oakleyoakley Feels At Home Registered Posts: 73
    They cannot force you to work but can stop you from working for someone else, the main thing they can hold against you is your professional status and could write to the AAT etc saying you broke the terms and conditions of your contract, I imagine the AAT would not be keen for this to happen.........how about some 'sick' leave?
  • NeilHNeilH Trusted Regular Registered Posts: 544
    Hi

    If there is no room for negotiation with the new employer, what about your current employer? Could you go for a pay deduction in place of notice?

    Neil
  • MILLY21MILLY21 Feels At Home Registered Posts: 59
    In the same way your employer would need to pay you 6 weeks in leu of notice, they would be entitled to deduct 2 weeks pay from you. Some employers may, other's may not

    ACAS would give you sound advice and are open outside of office hours 0844 875 0087, the service is confidential and free.


    Good luck
  • scotte84scotte84 Just Joined Registered Posts: 2
    Whatever you do mate, make sure you take the new job. Don't let them stand in your way even if it costs you a couple weeks pay.
  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,069
    Check your employment contract. The precise rules and repercussions will be in that. That should be your first port of call.
  • CullenCullen Experienced Mentor Registered Posts: 592
    They cannot deduct any contractual benefits from your pay, but they will probably only pay you for the days you have worked and any holiday pay due at that point.

    Look at your contract, in the terms and conditions does it state any penalties for not completing your notice? You may get discretionary bonuses or similar that they may choose to withdraw.

    It is very unlikely that they take you to court, this could cost them thousands and all they can claim is any provable loss to the business that your early departure has caused.

    Make sure your new employers are aware of the circumstances. I think 6 weeks is an unusually long period of notice and it is causing problems for you changing your job. This is probably the intention of stipulating 6 weeks rather than the normal 4 or 1 month.

    Personally, I would work 4 weeks, take up the new position, ensuring that they are aware that you were prepared to work a "reasonable " period of notice, but you did break the old contract to oblige your new employers.
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