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Leaving before notice period up.

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I'm currently working for an ass of a company for 2 years now.

 

I've been made the figurehead or scapegoat for a piece of technology/product which is not working out. Despite spending lots of time advising them on how not to do things, they've ignored me from the the start and managed to shift the responsibility onto me. Not only that, they have put me through several "staff reviews" which is basically a beat-down session, have avoided my "official review" since December, have also completely changed my job description (increased responsibility) yet the contract has not been adjusted and no pay rise has been included.

 

Also, I have been sick a couple of times (spanning approximately 2 weeks each time) and broken my ankle and they've recorded that as holiday and taken it off my holiday allowance, even though I would like it recorded correctly and paid appropriately for it.

 

All of this is documented. As you can imagine, I've had enough. Other staff are sympathetic and suffer from the same issues. Some people have even been threatened with redundancy for mentioning anything to management.

 

It is starting to cause my health to deteriorate.

 

I've had a perfect track record over the last 10 years and excellent references from all companies. I am however worried that I won't get one from here and the result of that would be bad at the moment.

 

They imposed a condition of employment that my notice period was to be set at 6 months. Due to the nature of the industry I work in, if I have to give 6 months notice, I will not get another job.

 

Is it reasonable to give them 2 months notice and walk based on the above?

 

I know that a contract is only enforceable in court but I cannot afford to defend myself if it came to that, yet I cannot afford to stay here any longer.

 

Please let me know if there is anything else I can do.

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Guest Old_andrew2018

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If an employee leaves a job without giving the correct contractual notice then an employer may be entitled to seek damages due to your BOC.

 

As per ordinary contractual principles that would represent only the extra costs incurred subject to the duty to mitigate, and would depend on a term being present in the contract permitting such.

 

Firstly if the employer had no such term in the contract, then they may be prohibited from seeking any recovery.

 

Secondly, even if such a term exists or recovery is permitted, then they would only be entitled to the difference in salary e.g. they paid you £10 ph, and an agency worker costs £15 ph then they could attempt to recover the difference i.e. £5 ph; remembering of course that the longer this went on then the more likely it would be denied because after a certain time , they would be expected to have recruited a permanent replacement.

 

Finally, in my experience most companies never bother even commencing action for such losses.

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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