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  1. #1
    Established TDF Member taz's Avatar
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    12 week notice period

    .

    Hello all

    What legally can a company do if you have signed a 12 weeks notice period but only give 4 weeks notice?

    Regards
    taz

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  2. #2
    TDF Member Moleshome's Avatar
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    They can bring a claim for damages against you in a Civil Court for the cost of any loss to their business, hiring temporary staff for example.

  3. #3
    Established TDF Member taz's Avatar
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    .

    Funny how things turn full circle.

    See

    https://www.thediveforum.com/showthr...=notice+period

    I'm more or less exactly where I was four years ago.

    Just saw this in a search for advice.
    I did leave the job four years ago and all promises were kept re the pay but the workload increased almost straight away.

    So four years later I'm now working away from home 3 out of 4 weeks and although the money is good I can't continue as it is.

    So I'm now looking at another change but to a site based company instead of a mobile one and I have guaranteed working conditions
    that mean I will be home every day.

    So four years on and dealing with the same old same old.

    taz

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  4. #4
    Established TDF Member taz's Avatar
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    Quote Originally Posted by Moleshome View Post
    They can bring a claim for damages against you in a Civil Court for the cost of any loss to their business, hiring temporary staff for example.
    Ok thank you.

    Nobody can do my job.

    I'm not saying that to sound important but it is such a restricted employment route that not many people are prepared to do it.

    I have spent a lot of time over the years training people to do the job (in different regions) only for them to leave because the demands
    on time are so high and that means I end up doing it all. So I honestly don't know who would replace me. Does that mean then that they
    could use that as a leverage to make me stay the full 12 weeks?

    taz

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  5. #5
    TDF Member Moleshome's Avatar
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    Some stuff here about it:

    https://www.landaulaw.co.uk/notice/

    What if I wish to leave without giving notice, or I want to give less than my full contractual notice?

    If you wish to leave without giving full notice, this will put you in breach of contract- unless you have your employer’s consent. Having said that, there are limits on what your employer can do about it. You cannot be forced to work as a matter of law.

    In certain circumstances, an employer may be able to obtain an injunction to stop you from working for your new employer during the full (or balance) of your notice period, however this is rare and only likely to be worthwhile against senior executives. Your old employer would have to show that your new employer is a direct competitor, and that there is a “legitimate business interest” that they need to protect- this is not always an easy task.

    You may also be sued by your employer for the additional costs arising from your breach of contract. This could happen, for example, if your employer incurs a higher cost of replacement staff for the balance of your notice period. In the most serious cases, a claim could further be made for lost business or sales arising from your breach. Again, such claims are very rare and likely to be brought against senior personnel only.

    The most likely consequence of you giving less than your full contractual notice, is that your employer will refuse to provide a reference should you need one in the future, or that any reference they do provide will be reflected by their experience of being left in the lurch.This could put at risk your future employment, unless your new employer understands and accepts why you took the risk to leave early (indeed an early starting date may have been the reason why you wanted to give short notice in the first place).

    It may also be, if you give short notice, that you will be considered a “bad leaver” for the purposes of any share awards or incentive plans. This could adversely affect your right to receive these benefits, as the plans may be expressed to be conditional on compliance of your employment contract.

  6. #6
    Established TDF Member
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    Funny how all these breach of contract things only ever get mentioned when it's the employee wanting to do something and never when it's firm pushing way past the boundaries.


    Can you not push back against the firm? X hours a week as agreed originally, if shit isn't done in the time they're paying for then it waits until next week. Or if you did agree originally to doing a million hours and living in a shit travellodge then renegotiate.

    Other wise the current excessive workload might make you ill with stress and then you would be off work for weeks on end.

  7. #7
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    Quote Originally Posted by taz View Post
    .

    Funny how things turn full circle.

    See

    https://www.thediveforum.com/showthr...=notice+period

    I'm more or less exactly where I was four years ago.

    Just saw this in a search for advice.
    I did leave the job four years ago and all promises were kept re the pay but the workload increased almost straight away.

    So four years later I'm now working away from home 3 out of 4 weeks and although the money is good I can't continue as it is.

    So I'm now looking at another change but to a site based company instead of a mobile one and I have guaranteed working conditions
    that mean I will be home every day.

    So four years on and dealing with the same old same old.

    taz

    .
    If you're remote, can't you just pretend you're working?

  8. #8
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    For what itís worth, when I had cause to consult an employment lawyer a few years ago, he said that in his entire career he had never heard of a business pursuing an ex employee for not fulfilling a notice period.

  9. #9
    TDF Member topper133's Avatar
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    Quote Originally Posted by sim667 View Post
    If you're remote, can't you just pretend you're working?
    And things like this harm flexible working and just promote presenteeism which only exaserbates issues like the ones Taz is facing.

  10. #10
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    Quote Originally Posted by topper133 View Post
    And things like this harm flexible working and just promote presenteeism which only exaserbates issues like the ones Taz is facing.
    And 12 weeks notice is completely unreasonable for any employer to expect, so they're bringing it on themselves, especially considering taz's only other alternative is to walk away and not complete the notice period which is what he's being forced to seriously consider.


 
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