Long Way Down Posted April 14, 2012 Share Posted April 14, 2012 I have decided to leave my employment with my existing employer. My contract states they have to give me 1 months notice, but I have to give them 2 months notice. I intend to leave after 1 month. Can they sue me for breach of contract? Link to comment Share on other sites More sharing options...
Bossybabe Posted April 14, 2012 Share Posted April 14, 2012 What employer would risk the adverse publicity of suing an ex employee for giving statutory notice, when the notice period on the contract was disadvantageous to the employee? None. Fill your boots. Edit: Good luck. Link to comment Share on other sites More sharing options...
stormymonday_2011 Posted April 14, 2012 Share Posted April 14, 2012 Write a letter to employer giving them two months notice. Date it a month a ago and sign it. Take a photocopy. Write another letter expressing concern that you have not received a reply to the resignation notice you sent a month ago. Attach to photocopy of first letter and post to employer Link to comment Share on other sites More sharing options...
Butthead Posted April 14, 2012 Share Posted April 14, 2012 Depending on the kind of work you do, you may be able to tell them you're going to work for a competitor and find they'll make you leave that day... and then pay you for two months "gardening leave"! Link to comment Share on other sites More sharing options...
thod Posted April 14, 2012 Share Posted April 14, 2012 It never happens because all you have to do is bring in a bottle of whiskey and dance naked on the desks. They simply do not want such a disruptive person there. If you want to go now, they will let you go. Breach of contract is not a crime. The only remedy is damages. The employer would have to quantify the monetary damage that your actions have caused and sue for that. This is a difficult thing to do. Link to comment Share on other sites More sharing options...
SarahBell Posted April 14, 2012 Share Posted April 14, 2012 Just go in and don't do any work. Link to comment Share on other sites More sharing options...
Bossybabe Posted April 14, 2012 Share Posted April 14, 2012 Just go in and don't do any work. How would they notice any difference? Link to comment Share on other sites More sharing options...
Harry Monk Posted April 14, 2012 Share Posted April 14, 2012 if the employee wishes to leave before the end of his contractual notice (or statutory minimum notice period), in practical terms, you have little remedies. You are not entitled as a matter of law to force him to work, even though he is in breach of contract. In certain circumstances, you may be able to obtain an injunction to stop the employee working for his new company during the notice period, but it would have to be shown that the new employer is a direct competitor and that there was a legitimate need to protect your interests- not an easy task. You may also sue the employee for the additional costs arising from his breach of contract , ie the cost of replacement staff for the balance of the notice period. Again, such claims are very rare. Link to comment Share on other sites More sharing options...
silentstan Posted April 14, 2012 Share Posted April 14, 2012 Bit left field but you could try talking to them about it. They won't want a de-motivational force in the office for that long but don't be an **** about it. Just say that you will be happy to do the month and then leave on good terms. I'm sure they will know the sense in taking that approach rather than forcing you in to a corner. If they get funny about it then take a proper work to rule approach, read up on Employment law and take every single break and benefit the law gives, get in to work at your allotted start time, get an alarm clock which goes off at your exact start time and stand next to your desk until it goes off, same at home time, tea and lunch breaks, alarm goes off just get up and walk away. Link to comment Share on other sites More sharing options...
Long Way Down Posted April 14, 2012 Author Share Posted April 14, 2012 Bit left field but you could try talking to them about it. They won't want a de-motivational force in the office for that long but don't be an **** about it. Just say that you will be happy to do the month and then leave on good terms. I'm sure they will know the sense in taking that approach rather than forcing you in to a corner. That's the tactic I intend to take - however, I fully expect them to play the breach of contract card. Link to comment Share on other sites More sharing options...
Long Way Down Posted April 14, 2012 Author Share Posted April 14, 2012 What employer would risk the adverse publicity of suing an ex employee for giving statutory notice, when the notice period on the contract was disadvantageous to the employee? None. Fill your boots. Edit: Good luck. Thanks! Yes, the contract has been written to the employer's advantage. Link to comment Share on other sites More sharing options...
Self Employed Youth Posted April 14, 2012 Share Posted April 14, 2012 Best to lose your job through 'illness'. Ring ring, sorry I'm sick. Ok, thanks for letting us know. Still sick. What's up? Stress. Eligible for dole Even better if you get sick pay! Might even be able to get some happy pills from the doctors too. They have a black market value! Link to comment Share on other sites More sharing options...
The Masked Tulip Posted April 14, 2012 Share Posted April 14, 2012 What if they offer you more money? Link to comment Share on other sites More sharing options...
The Ayatollah Buggeri Posted April 14, 2012 Share Posted April 14, 2012 In my experience these long notice periods are hardly ever enforced. My contract specifies that I have to give six months' notice. The reason is that as a university lecturer teaching courses in a very specialist area, I cannot be replaced overnight in the way that, say, a GP or a bus driver could. There are probably 10-20 people in the world who could step straight in and do the job I'm doing now. In reality what usually happens is that some modules are discontinued and others rewritten to reflect the replacement's research and teaching strengths, etc. etc. But this process takes time, and for that reason universities don't want their academics leaving with very little notice - especially in the middle of a teaching term or semester. In reality, however, leaving dates are almost all negotiated to a mutual consent position with little if any disagreement. When I last changed jobs in 2006-07, I was offered the job at my current university in early October 2006, and was asked to start in the last week of January 2007. I negotiated with the place I was leaving to finish off my Semester One teaching commitments and the marking that went with them and then say goodbye. In reality this meant that there was a 10-day overlap where I was officially on the payroll of both institutions: and although this caused a nightmare with the following year's tax code, both institutions were fine with it. I suspect that your two-month notice period has a similar ass-covering motivation and if, in your case, it's basically irrelevant, they'll let you leave whenever you want to within the notice envelope. Link to comment Share on other sites More sharing options...
stormymonday_2011 Posted April 14, 2012 Share Posted April 14, 2012 Where's your proof of posting? I was not going to bother about the notice (you would have probably been off sick or not pulling your weight in the last month anyway), but now you are playing silly buggers I will hold you to the two months notice. edit to add; just copied this to your new employer ... I sent you some anonymous advertising handout I picked up on the bus to your HR department via Royal Mail track and trace a month ago. Did not the morons in your HR department tell you .I have the note of the posting right here Anyway who said anything about a new job I have become the love toy of a top employment lawyer and she is confident that she can get your bum sucking employment contract laughed out of court. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.