Notice period

[plonk123]

Hi,
I am writing on behalf of my wife and am hoping someone can offer some advice.
We have sold our house and are downsizing to another area. My wife is now 62 and intends to retire (moving to another area).
Her emplyer was notified of her intention ro retire in August last year. As soon as we found a suitable property my wife gave her written notice. Unfortunately her contracted notice is 12 weeks and it looks as though exchange of contracts will happen before then and her employer is insisting that she works the full 12 weeks notice.She was employed as a Supervisor (retail) bur stepped down to shop assistant after receiving a discplinary for (I kid you not) being too nice to the other staff.. I know the terms of her contracts means she should give 12 weeks notice but her employer has not yet made any attempt to hire a replacent and if my wife is forced to carry on working after the move it will cause us a lot of problems.Can her employer take action against her if she leaves before the 12 weeks notice has exx pired?

[stevemLS]

Re: Notice period

As a matter of law, yes, they could take action against her for breach of contract.

Personally, my view would be that the chances of that happening in a retail environment are remote.

Is it a big/small store - roughly how many staff in the branch in total? Is it a multiple or independent?

Their claim would be limited to any additional costs/losses they had incurred due to your wife's breach. Do you know how much notice she is likely to be able to give?

You might have a little hassle over final pay.

[des8]

Re: Notice period

As Steve says.
Here's a more expanded view from solicitors: http://www.landaulaw.co.uk/notice/
If you wish to leave before the end of your contractual notice, in practical terms, there are few remedies for your employer. You cannot be forced to work as a matter of law, even though you may be in breach of contract. In certain circumstances, an employer may be able to obtain an injunction to stop you from working at a new employer during your notice period. They would have to be show that your new employer is a direct competitor and that there was a legitimate need to protect the employer’s interests- this is not always an easy task. Where such claims are made, it is usually only against senior executives
You may also be sued by an employer for the additional costs arising from the breach of contract, i.e. the 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 arising from your breach. Again, such claims are very rare and likely to be brought against senior personnel only.
If you give less notice than you are contractually obliged to give, your employer may try to withhold pay due to you for the time that you have already worked because of this incorrect notice. Employers are generally not entitled to make such a deduction unless this is provided for in your contract of employment.
If you wish to leave before the end of your contractual notice, in practical terms, there are few remedies for your employer. You cannot be forced to work as a matter of law, even though you may be in breach of contract. In certain circumstances, an employer may be able to obtain an injunction to stop you from working at a new employer during your notice period. They would have to be show that your new employer is a direct competitor and that there was a legitimate need to protect the employer’s interests- this is not always an easy task. Where such claims are made, it is usually only against senior executives
You may also be sued by an employer for the additional costs arising from the breach of contract, i.e. the 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 arising from your breach. Again, such claims are very rare and likely to be brought against senior personnel only.
If you give less notice than you are contractually obliged to give, your employer may try to withhold pay due to you for the time that you have already worked because of this incorrect notice. Employers are generally not entitled to make such a deduction unless this is provided for in your contract of employment.

[SPQR]

Re: Notice period

I agree with whats been said above.

Basically the employer could sue for breach of contract, but this is rare and usually is only for senior employees. You would a still have to take the risk you might be sued thought.

How long ago did for wife get the demotion / disciplinary for being too nice? One thought that occurs to me (if it was fairly recent) is that she could resign using the excuse of constructive dismissal - even if she does not want to sue the employer, it would make them think twice before thinking of suing. (I would appreciate the others views on this point).

[stevemLS]

Re: Notice period

[MENTION=65997]SPQR[/MENTION] - as I read the post she wasn't demoted, it would appear that it was her choice "she stepped down", given the notoriously difficult case to make for CD, I would say that would be a struggle - although, tactically, it may as you suggest give them pause for thought.

[SPQR]

Re: Notice period

stevemLS - agreed that weak case for constructive dismissal. As you say, I think that tactically if your wife does decide not to work her notice she would be in a stronger position if that is her reason for resigning.