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Resignation after being on furlough

Hello all,

back in may I was put back on furlough for 1 day per week with possibly staying on furlough until September, however this only lasted 5 weeks (2020 furloughed for 6 weeks)

during this time I was very concerned for my job security as a manager especially when told by the director we are fighting for our jobs, hence I started to look for other prospects to which I secured a new position in another company, my notice period is 3 months however due to furlough and lack of security I have only given 1 month.

can the company successfully sue me for breach of contract?

for information since giving my notice 

my meetings have gone from all day every day to 1 meeting per day

excluded from management meetings

i have already trained an individual to cover me when I leave

925 views
  • In theory they can. But it would just be a wasted exercise for them as they would have to prove some direct financial loss with your leaving early and that would be almost impossible to prove.

    In practice I'm not aware of ever hearing about an employer doing so.

    And, as you probably realise there isn't anything they an do to stop you leaving.
  • In these circumstances most people would seek to negotiate a reduced notice period, before giving "short" notice. In practice the employer can - legally - do little other than pursue for damages in a civil court, but tgey would have to prove a loss and the cost will be higher than any claim.. i've never seen a claim made..
    Practically, the employer can make your life unpleasant, and may also (illegally) try to underpay you in your final salary. You would then have to go to a tribunal and claim unlawful deductions - time and money for you. It's always better to try to come to a mutually acceptable arrangement......
  • I would be more concerned about any formal or informal reference - depending on your industry, that will be more or less important to your future career. Have your organisation expressed unhappiness with the notice period? It sounds like it is in their interest to move this along, so hopefully you can reach a good outcome with them.

    Nina
  • In reply to Nina Waters:

    I think their decision to not accept early notice is moreover personal as I have trained my replacement
  • You already did a indirect handover. They should not be concerned.