Hello,

My partner's having a few problems trying to get out of a job. Here's the story.

He had an interview last week for a job and in the interview they stated that 'worst case scenario he may have to work away for a few weeks'. He really didn't want a job working away all of the time as we have a house and a mortgage, but they did make it sound like he'd hardly ever be away, so he took the job. He then went to the depot to pick his van up etc and they informed him that he would be working away this week as he is training. On the basis thinking that this was a one off he signed his contract.

Now after being with the company since Monday he has now found out that he will be working away every week and most weekends (not some like he was advised), so he phoned the head office to resign. They advised that he would need to work his full 4 weeks notice as stated in his contract and if he didn't then he would have to pay them all of the money that he may have made for the company in the existing 3 weeks.

Can they do this??? Are there any loop holes????I understand if he'd have been there for a few weeks, but not a couple of days. and not forgetting that he signed his contract under false pretences. (They didn't even give him a copy of his contract and he only signed one).

He's got the chance at two jobs that start on Monday, so if anyone could help at all we'd really appreciate it.

:confused::confused::confused::help::help::help::h uh:

if you send me a pm with your number I can advise

Is there a cooling off period within his contract.

Are there special conditions attached to the contract eg termination by either party under probation period.

Also. the employer says that they will be entitled to 3 weeks of money back if he ends the contract, my answer may be, try and get it eg it would probably cost an employer more than three weeks of his wage to recoupe his three weeks wages (Time, legal cost etc...)

If it meant loosing a job offered I would take the new job and take the risk of employer trying to get money from me. In the end it's your decision.

Hello again thanks for you replies. He's contract is very basic. The only termination information it states is that he has to give 4 weeks notice, but no mention of a probation period (which I think is very unusual). When he was telling me what it said I thought it sounded a bit dodgy because there are alot of maybes.

Thanks

Hello again thanks for you replies. He's contract is very basic. The only termination information it states is that he has to give 4 weeks notice, but no mention of a probation period (which I think is very unusual). When he was telling me what it said I thought it sounded a bit dodgy because there are alot of maybes.

Thanks

In which case take the other job and let them try in court. If the contract does not cover all the main points covered by employment law a court will consider it inadequate and therefore unfair. It sounds like they are making it up as they go along to me.

There should be explicit information relating to pay, holidays, notice periods (for both sides), conduct at workand entitlement to sick leave at the very least.

In other words you should know exactly where you stand.

From precedent, a court will never appoint a specific performance ruling in an employment law situation so they would not be able to make him phsyically work a notice period. In theory they could take action for breach of contract and attempt to recover damages but in order to do that they would have to

1) take all reasonable steps to mitigate their losses (i.e by appointing someone else)

and

2) they would have to prove that they had actually
suffered a loss as a direct consequence of the breach of contract.

However I have never known an employer take this course of action against an employee.

Walking out may make it a lengthy process to get any wages due, but I think peronally I would walk into the office, shove the keys up the managers nose, tell him he has had a couple of days labour for free, go home and put this one down to experience and start again with one of the other jobs on Monday.

Just jack it in and take on of the other jobs, they cant do anything about it.

tell them to bugger off

i would take the van and park it at lands end, and get the train home with a big grin on my face,any money owed they can have.

Dear,
Is there a Go away period within his contract ? :loopy:
Are there special conditions attached to the contract ,i.e, termination by either party.If yes, than you can't do anything ?

Hey everyone thanks for your replies. He's currently on hid way back to the depot to tell them to shove it.

Thaaaaaaaaaaaaaaaaaaaaaaaaaanks again

lol all the stuff they are saying is false

they have to pay all hours he works weather he gats sack leaves of own /or is asked to leave.

me persanly had a simliar case with jd weatherspoons. i rang in sick for 3 weeks and put my notice in same time.

thay had to pay sick pay for 3 weeks and 1.5 days holiday as you still acure holiday pay whilst on sick.

the van i would give back asp as they could put charges onto wages for this i noit 100% thou

hope this helps