Leaving job after signing contract, but before starting

June 24, 2013 1:41 AM

Hi all, I have a slight problem.

For personal reasons I've had to withdraw from a job that I have already signed the contract for. The job was a temporary (2 week) summer school teaching job.

In the contract it specified that if I were to withdraw, I should give a minimum of one month notice. The job was due to start on 21st July, and I 'gave in my notice' on 19th June. However, one of my questions is: it still 'giving notice' if you haven't started working there yet?

Now, the employers are trying to get me to may £300, which, in the contract, is the minimum amount of reimbursement the employee must pay in case of 'unexplained absence'.

I've e-mailed them saying that, since I gave in my notice at the right time, I remain confused about how I 'breached the contract'.

Am I right to be confused?

Thanks all!

posted by aaronjames to Work & Money (6 answers total)

I can't really answer as I haven't seen the contract, so you might be better phoning the HR manager to discuss it.

From what you've said you gave the required notice - did you do this in writing? And it's not an "unexplained absence" if you have given notice so I don't see how the £300 would apply. But you might be better seeking advice from a local CAB or Law Centre.
posted by billiebee at 2:52 AM on June 24, 2013 [2 favorites]

This is absurd. Just tell them to go get fucked! Even in England there's no such thing as "paying a monetary penalty for not taking a job." Go crazy on them.
posted by RJ Reynolds at 6:04 AM on June 24, 2013 [3 favorites]

Without seeing the contract, it's hard to say if you "are right to be confused." And reviewing the contract and telling you what your obligations appear to be would be legal advice.

I'd suggest pressing your common sense interpretation and seeing if they go away. If they don't, then you can decide what else you want to do.
posted by snuffleupagus at 8:02 AM on June 24, 2013

If i read that right, the contract asks for four weeks notice for a TWO week job. The only way to satisfy that is to give notice before you start.
posted by jacalata at 9:37 AM on June 24, 2013 [2 favorites]

Can you speak to someone directly? They might just automatically contact people requesting money when they are no-shows, but if you talk to someone about your situation, they may just waive it or whatever. I'd call someone on the phone who has the authority to waive it or who deals with the hiring. Surely, they will be reasonable if you can talk to them and make sure they see that. It sounds like you gave them one month notice before your start-date, so... no problem. I definitely would not pay them anything.
posted by AppleTurnover at 10:23 AM on June 24, 2013

From my experience of summer schools, they're run on shoestring budgets by the kind of petty people who don't realise that employing people means taking on a little bit of risk.

I have very little doubt that you've fulfilled your notice period, so I'd be pretty much certain that you're totally off the hook and they haven't got a clue what they're talking about or a leg to stand on.

I'd happily recommend calling their bluff on this because I'm pretty much certain they're bluffing. If they start to talk about court, then's the time to go to the CAB.
posted by ambrosen at 1:23 PM on June 24, 2013