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Breach of Contract - 3 month notice period

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  • Breach of Contract - 3 month notice period

    Good Morning,

    I currently find myself in a job role working in IT for a London Bank. I am very young, still in my 20's and when i started with them 12 months ago i signed a 3-month notice contract. at my age, i had to to get in the door, i was in no position to risk negotiations.
    however, the job has not met my expectations in terms of development and progression. no-one at fault for this, its just the nature of the environment.
    i have had a job offer for another job and they want me to start in 4-6 weeks. I have tried to negotiate with my employer to reduce my notice period, which was a flat 'no'.

    I fully understand that what I am about to do is probably breach my contract. yes i know this is frowned upon. but 3 key things to note:
    1 - I am part of a team. I am the bottom of the team, and to be quite honest - I am one of the lowest paid employees in this 500 strong office. (due to age and lack of experience).
    2 - the part of IT that i work in means that i actually have access to the majority of the companies IT security systems. why oh why they would want to keep me here i do not know! (oh, missed that above - i HAVE already resigned, to begin working notice).
    3. my line manager agreed to letting me go in 4 weeks. My Global Head agreed to this also. the CIO said no. (and he sits in a different office. doesnt know my face, doesnt know who i am).

    again, at my age work is not growing on the trees, and this new opportunity is fantastic for me and my future.
    ultimately i am about to burn a bridge which i am not happy about at all. but, lets be blunt - I need to look after number 1, because noone else will.

    How do i go about leaving 'as nicely as possible' ?

    I get on well with my line managers. and they agree there is no need to keep me beyond 4 weeks. its a little annoying that top dog is being, in my eyes, unreasonable.

    so if i submit a formal letter to HR / Line manager clearly stating my intent to leave at 4 weeks, how will this go down ?
    opinions.
    ultimately, i am a decent guy. if they decide i owe them for a training course i did last year. thats fine. if they want me to do any sort of handover. thats fine (not that i have any unique skills in the team). but no employer is going to wait for 3 months for someone with my low skill set (trust me, i spent 4 weeks trying! recruitment agencies were not putting me past the screening process!).
    Tags: None

  • #2
    Re: Breach of Contract - 3 month notice period

    so if i submit a formal letter to HR / Line manager clearly stating my intent to leave at 4 weeks, how will this go down ?
    It's hard to know without knowing the company and the individuals involved. You could leave and they would probably not give you a reference and they could pursue you in the courts for compensation due to breach of contract. However, that is highly unlikely as the legal bills alone would amount to more than the compensation they'd receive from you. Unless they're the type to pursue you in order to make an example out of you or to teach you a lesson? Are they this type of employer?
    Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

    If you decide to act on anything I have posted you agree not to hold me liable in any way.

    If you are unsure then you need to take proper advice from someone who is an expert.

    Comment


    • #3
      Re: Breach of Contract - 3 month notice period

      historically. no.
      but i am doing everything i can to leave on good terms. i am not just going to walk out tomorrow, i am giving them proper written notice stating my intentions. albeit shorter than contractual commitments.

      i have actually just spoken again with my line manager verbally being quite clear what i intend to do. he fully understands and appreciates both sides. he is on my side and is putting the argument / case forward again.

      i am fully replaceable. i have no unique skills, and i am only doing BAU work. if i went under a bus tomorrow they wouldnt miss me (business wise). i personally dont think they have any legitimate case to pursue me for damages.

      so basically i will be submitting a second letter, one which will b very appologectic. saying that i am very sorry about the situation, but that i will be leaving on day X.
      again what i dont want is to be on the books of 2 companies at once, so i need in writing to give this company something that specificies such a leaving date. just walking out isnt the answer.

      anyone got recommendations of the sort of content to put in such a letter?

      Comment


      • #4
        Re: Breach of Contract - 3 month notice period

        Well you line manager and global head agreed so do it. Screw what the CIO said, as you clearly (i assume) notified them your new employer wanted you to start in 4-6 weeks, and it would be unreasonable for CIO to expect you to work the full 3 months notice, when aware of when your expected to start the new job.

        As harmonica says, i doubt they will pursue you fro any breach of contract given it would cost them more in legal fees, than what they would get back from you in compensation.

        Also the fact the minimum notice period an employee is required to give is 1 week, and you could use Section 84 subsection 6 employment rights act 1996 (http://www.legislation.gov.uk/ukpga/1996/18/section/86) on the basis they are acting unreasonable given they are aware of the job offer and that they want you to start in 4-6 weeks, not to mention being unreasonable in expecting you to work a 3 month notice period when the minimum the law expects you to work as notice is 1 week!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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        Comment

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