UK Employment law

[Talion]

Got myself into a bit of a pickle.

I started my job on June 16th of last year, with a 3 month notice period.

I found a new job that want to only wait 6 weeks, but after negotiation would wait 10 weeks, starting 24th Jan 11. I handed in my notice on 20th Nov asking to be able to leave early otherwise I couldn't have the job (was pushing it with 10 weeks).

Anyway HR said they would look at it, didn't hear anythingfor 2 weeks and spoke to them again, and was told the same thing. Failing on my part I never chased again and didn't hear anything.

My job was project managing and looking after an admin person. In December I handed of the project managment side of things to another manager. The only other work I did was my admins job, if she was absent. When she was in I basically sat at my desk doing nothing.

This Monday the shit hit the fan, as they realised I needed to go Friday. I was told I couldn't go as it was never agreed. I found out that HR had never bothered checking with the company about my early leave, and told them "I (HR) thought it was just a passing comment". They asked me if I could stay a week longer. I contacted my new employer who said it wasn't possible.

So Today, I walked out having completed 10 weeks of a 3 month contract. They told me today that I couldn't leave today, otherwise it was a breach of contract and they'll sue me. If I didn't go I wouldn't have a job to go to, so I've left.

Some other details.
Handed in my notice on 20th Nov.
Job was advertised a week later.
Company had 3 applicants by 10th december closing date
1 week later job was offered to person who hadn't applied (this was seceretly, I only knew because that person spoke to me)
1 weeklater person accepted.

Nothing happend until Monday when that person was told he had it.
Sat with me for 4 days this week.
E-mail went out from company boss saying he was taking over from 24th.

What are the implications of me going, what can they sue me for?

 

[BPI]

Go visit a solicitor or the citizens advice bureau, quick!

Good luck, B.

 

[cassar]

from what you've said it sounds to me like the hr people cocked up by not processing your request looks like grosse incompetence on the part of hr and telling you its your fault because you didnt keep chasing it up every 5 mins doesnt float, you gave them ample notice of your intentions, they failed either through neglegence or incompetence to action said request. save copies of your correspondence re the matter e-mails etc and do as bpi suggests see a solicitor

 

[Shellshock]

I breach my contract all the time without being sued, I know tons of people who haven't worked out any of their notice and just left the day they handed in their resignation, only reprecussion is it takes abit longer for them to work out your final pay. Don't take that as gospel and do check with CAB, moneysavingexpert.com has a few employment solicitors that give advice so post up there I would.

I see it personally as your lazy HR manager couldn't be bothered, now they've realised shit your going and haven't got their shit together so are trying to scare you to work the extra. But do check it legally because you never know, MSE should give you some answers.

 

[noneedforaname]

phone in sick and say the situation has caused undue stress and during your sick leave see a solicitor and get them to negotiate an early release on your behalf, they cant touch you on sick leave.

further reading sees a tacit acceptance of resignation due to advertising and hiring of a replacement, this would not be doe unless there was an upcoming vacancy. this would got to the assumption of acceptance through silence due to acting upon the information given by the concerned party. They have also possibly fucked themselves having advertised your position without accepting your resignation, this is tantamount to constructive dismissal.

As i said before get signed off and see a solicitor, this is the bounds of my half assed drunken legal advice.

 

[freakinacage]

Break an arm. Will be much easier if you are sick! Get proper advice quick. Citizens advice bureaux

 

[Torn blue sky]

Pretty much what Cass said tbh. Their fuck up should not constitute to your emergency. Paperwork was there in due course, this is their failing. Also, aye, legal meeting and citizens advice. Good luck!

 

[Chern Ann]

Unfortunately, in most situations a contract is a contract. You agreed to provide 12 weeks notice, which you did not do. Had the reverse been true and the company decided to let you go you would most likely have felt entitled to most, if not all the salary for the lack of notice.

How much you could be liable for depends mostly on what you were hired to do, as well as the cost the company faced to replace you for those two weeks. e.g., if you were hired on to sing at Wembley for 12 weeks as the headline star and decided to cancel the last 2 weeks without cause, the damage to the company would have been enormous if they had to refund sold out tickets, cancel rigging and equipment rental contracts etc, all of which you would be liable for.

If you were hired to be a janitor cleaning the loo, and the company hired someone off the street for less pay than what you were promised, then you wouldn't be liable for anything at all besides the time and expense it took to hire the guy (or living with a stinky loo for two weeks).

Most likely it sounds like something in between; if you were hired on to a project that has not been completed and relied on your expertise, then it would be a major problem if the project is delayed looking for a fresh hire to finish your work. How much liability you have depends on how much damage a reasonable company is likely to incur. It's very hard to say without knowing your exact situation; the more key you were to whatever the company was doing, the more damage your breach will have caused.

 

[Sir Wulf]

In your shoes, I'd contact an attorney (a solicitor, on your side of the pond...) and request that his firm assist you by drafting a letter requesting the information you will need if the case went to court. After your employer receives a letter on a law firm's letterhead, they'll be hesitant to push you around for fear of incurring substantial legal expenses pursuing the case. Since the likelihood of successfully collecting a significant judgment from you is minimal (you can't get blood from a stone...), they'll likely agree to drop the issue.

 

[Talion]

Cheers guys.

The project part of my role was handed over in week 6 of my notice, and the overall project has been delayed until May anyway, which would be well past my notice period.

They had put a person in place and I had sat with them over this week, I'd also written a dummies guide on how to carry out the administration task, along with whom to contact for support.

I'd offered to be on call via phone and e-mail as well as come in during my lunch breaks in my new job to help with any queries, but were all rejected off hand.......in my opinion the company has just been unwilling to negotiate at all during the entire episode. I had to leave on Friday otherwise I would have been unemployed.

Unfortunatley get a solicitor to drop a letter on their desk won't really scare them, as it was a law firm that I walked out of. During my notice period 3 other people had handed in their notice and all were allowed to leave early, one had a 6 month notice period and they let them leave after 6 weeks.

What's done is done, as i said it was that or have to claim from the state for unemployment benefits. I will just have to wait to see if I receive a summons. I've got no problem with them taking 2 weeks pay from me for leaving 2 weeks early.

Ce le vie

 

[cassar]

slap them with a discrimination letter

 

[Chern Ann]

That changes the complexion of things. I doubt a law firm will come after you at all, since in that particular case no one gets paid if they lose, and it makes future recruitment difficult if they sue their non-lawyer employees for relatively trivial matters (as opposed to making out with trade secrets, client lists, hacking etc). They will realize the hurdles they will need to jump through, and putting even a junior associate on the case is not going to be a good use of the firm's time, especially if they are busy (which it sounds like they are).

 

[montka]

Go on sick, start new job secretly

 

[cassar]

Go on sick, start new job secretly

thats sneaky, devious and a bit underhanded....i like the way your mind works. seconded (grabbs packege stands outside lawyers and shouts suck my %^&* mo fo)