Anyone been sued for breach of employment contract?

M

Merrykoala

Well-known member
I put my notice in a few weeks ago and got another job offer a week or so back.

My new employer is pushing me for a early start date so I requested to leave a few weeks earlier.

My firm was all for it until other lads from my team put their notice in (they're not going to the same place as me) and he basically blames me for it.

Now he's saying I've got to work my full notice (another 8 weeks). But I've already given the new place my start date.

I know it could be construed as breach of contract and he may need to get outside help in to cover when I'm gone in the short term but he's screwed anyway as one guy has already left and the other two lads have got short notice periods so would be gone around the same time as me

Any advice?
 
Merrykoala said:
I put my notice in a few weeks ago and got another job offer a week or so back.

My new employer is pushing me for a early start date so I requested to leave a few weeks earlier.

My firm was all for it until other lads from my team put their notice in (they're not going to the same place as me) and he basically blames me for it.

Now he's saying I've got to work my full notice (another 8 weeks). But I've already given the new place my start date.

I know it could be construed as breach of contract and he maumy need to get outside help in to cover when I'm gone in the short term but he's screwed anyway as one guy gmhas already left and the other two lads have got short notice periods so would be gone around the same time as me

Any advice?
Click to expand...
Seems odd. Does he really want you hanging around trashing the place before you leave?
 
atypical_boro said:
Seems odd. Does he really want you hanging around trashing the place before you leave?
Click to expand...
Well I'm the only remaining SME and he didn't take anyone on last year when I told him I needed help. It's been really toxic the last few months, I could do a lot of damage but it's not in my nature. I'm hoping he sees sense before things go too far
 
Don't take this as gospel, but I'm sure that maximum notice period you are required to give by law is a month. I'd maybe take some advice on it, but expecting you to work 3 months notice is a bit excessive
 
Merrykoala said:
Well I'm the only remaining SME and he didn't take anyone on last year when I told him I needed help. It's been really toxic the last few months, I could do a lot of damage but it's not in my nature. I'm hoping he sees sense before things go too far
Click to expand...
Maybe he is taking advantage of your good nature. But yes, he will probably see sense once he's realised how daft he is being and how much it will cost to take you to court.
 
Merrykoala said:
I put my notice in a few weeks ago and got another job offer a week or so back.

My new employer is pushing me for a early start date so I requested to leave a few weeks earlier.

My firm was all for it until other lads from my team put their notice in (they're not going to the same place as me) and he basically blames me for it.

Now he's saying I've got to work my full notice (another 8 weeks). But I've already given the new place my start date.

I know it could be construed as breach of contract and he may need to get outside help in to cover when I'm gone in the short term but he's screwed anyway as one guy has already left and the other two lads have got short notice periods so would be gone around the same time as me

Any advice?
Click to expand...
Sounds like your employer values you more than the other two guys. If you've notified the new place of a start date that falls before your notice period then that is on you. Do you have any holidays you could take to bridge the gap? Could your new employer accept a later start date? Is it definitely another 8 weeks?
 
Subbuteo_171 said:
If you asked to be released from your employment early, and your employer agreed then it is legally binding - even if only agreed verbally.

Stay calm, and inform them you’ll be leaving on your agreed date.
Click to expand...
It depends what it says in your contract - if it states you must give notice in writing then you're in breach of contract if you don't do so. He can hold you to your notice period but as Atypical says above, why would he or any employer want a fella doing a job when he doesn't want to be there? You can leave and be in breach but ultimately he would have to take you to court to enforce it and that would seem unlikely unless you are some key component of his revenue generation and he is going to massively be out of pocket if you're not around.

The damage you could suffer however is reputational - he's unlikely to give you a good reference in the future and depending on the industry you may get a bad name for yourself by leaving him in the lurch

Id suggest you tell him you have already committed to your new employer based on your previous conversation with him around notice and that do now change you're leave date would inconvenience them and you're therefore unhappy to do so - see what he says
 
Did they give you anything in writing to say they were happy for you to leave early?? Chances are they are chancing their arm because they know they are in the sh1t.

I would say to your current employer that as he has agreed to you leaving early verbally that is what you will be doing.
 
Unless you got the early release in writing, then technically you are in breach of contract, however the only real redress / remedy your employer has, is not to pay you for the days you don't work, but note they cant withhold wagers for the days you do work.

So I would leave as planned, and inform them of that intention based on your previous verbal confirmation.

* I am assuming you don't have any restrictive covenants etc in your contract that would prevent you from going straight into your new role.

If you want to be really devious you could go to your doctor and say the stress is really getting to you and sign you off sick ;).
 
My previous employer made me see out a 3 month notice period so I could hand over to someone from the company that was taking us over. I spent 3 months talking to clients I wanted to take with me.

Sorry it doesn’t answer your question.
 
Subbuteo_171 said:
If you asked to be released from your employment early, and your employer agreed then it is legally binding - even if only agreed verbally.

Stay calm, and inform them you’ll be leaving on your agreed date.
Click to expand...
As an ex HR guy with a degree in law the above is the stance to take.

t4tomo is incorrect in saying you needed the early release in writing.

Your employer could sue you for the weeks you did not work if they can show they suffered a financial loss. The others leaving would be irrelevant but would make it harder for the employer to show the loss was down to you.

However the key point is that the employer waived the notice period and you acted on that waiver to agree an earlier start date.

It will not be in the employers interest to sue you so as above stay calm and carry on.

PM me if need be.
 
I had a simlar situation last year with one of my employees and that person said to me during a one on one discussion that this whole thing was negatively affecting their mental health. At this point we realised the path we were potentially heading and we caved in completely.

I'm not suggesting that you follow this route though.
 
The thing is does he really have time to be taking you through the courts - it sounds like he’s be better off trying to plug the gap with your help whilst you are still around
 
Redka said:
The thing is does he really have time to be taking you through the courts - it sounds like he’s be better off trying to plug the gap with your help whilst you are still around
Click to expand...
agree with this, it'll almost certainly be more bother than it's worth for him to take you to court for this. but it is a legitimate risk that you need to weigh up.

You say others are leaving, do they have different notice periods, did they hand notices in before you, or, are they sacking it off regardless, or is he treating you differently to the others? The answer to that could potentially negate any chance of him suing you.

Does your contract or HR policy state that the notice must be given in writing? If not say you told him in January and he's been in a huff ever since.

This might be of help:
www.gov.uk

Handing in your notice

What an employee needs to do when they resign from a job: how to give notice, notice period, payment arrangements, gardening leave, restrictive covenants
www.gov.uk www.gov.uk
www.slatergordon.co.uk

Can I Walk Out Of My Job Without Working My Notice? | Slater + Gordon

When you resign from a job, you’re normally expected to give a certain amount of notice. But can you walk out without working your notice? Find out in our blog.
www.slatergordon.co.uk www.slatergordon.co.uk
 
Yes it is very, very unlikely that you would be sued for breach of contract.

a) because your employer is unlikely to win any compensation (he would have to demonstrate loss of profit directly as a result of you not working). Do you think he can do that?

b) it's just not worth their hassle and damage to their reputation

I would say, explain your position and try and agree something that works for you with them.
Failing that, I would just tell them when you intend on leaving and stick to it. I wouldn't risk your new job.

At worst, you are going to leave on bad terms and will not be able to ask for a reference or return should your new position not work out. (Also remember people move about so it may prevent an opportunity in future).

Although you are in breach of contract, they are legally obliged to pay you for the days you work and any holiday pay or expenses you've accrued. They obviously won't pay the remainder of your notice. Unless penalties are outlined in your contract for not working your notice, they can't deduct from your salary. It's very unlikely any penalties are specified.
 
Merrykoala said:
I put my notice in a few weeks ago and got another job offer a week or so back.

My new employer is pushing me for a early start date so I requested to leave a few weeks earlier.

My firm was all for it until other lads from my team put their notice in (they're not going to the same place as me) and he basically blames me for it.

Now he's saying I've got to work my full notice (another 8 weeks). But I've already given the new place my start date.

I know it could be construed as breach of contract and he may need to get outside help in to cover when I'm gone in the short term but he's screwed anyway as one guy has already left and the other two lads have got short notice periods so would be gone around the same time as me

Any advice?
Click to expand...

I've been round the block a bit and have never seen a business go through the hassle of going to court to enforce a notice period.
It will be costly, counter productive in that it will put off future potential employees and, they would probably lose.
Hold your nerve and your ground, and just continue to do a great job whilst you are there.
 
B_G said:
Although you are in breach of contract, they are legally obliged to pay you for the days you work and any holiday pay or expenses you've accrued. They obviously won't pay the remainder of your notice. Unless penalties are outlined in your contract for not working your notice, they can't deduct from your salary. It's very unlikely any penalties are specified.
Click to expand...
Holiday's accrued is a good point, I don't think they can force you to work rather than take those holidays, so factor that in to when your contract end date would be.
 
You must log in or register to reply here.
Back
Top