Retail Appointment January 18 TRAP_Jan 2018_DigitalEditionHI | Page 7

binding? irstly, look at your legal position. Your potential employer is certainly entitled to make their job offer con- ditional on a specific start date. There is nothing you can do about this. If they re- main firm, then you may miss out on the job opportunity. So, the only give and take will be with your current employer. F Almost all employment contracts will have the wording “x months’ notice or payment in lieu thereof.” Unfortunately, this cuts both ways. This means that if you break your contract and, say just walk out at the end of the month, your current or by now ex-employer could ask you to pay them the two months’ pay in lieu of notice. They may withhold this from any money due to you such as your last salary pay- ment, holiday pay or outstanding bonuses. Failing that, they could easily make a claim against you in the county court to recover damages for your breaking that notice. Such damages would normally be re- stricted to the two months’ equivalent pay that you did not work, but if you are a very senior candidate, say head of buying, you should most certainly take full legal advice before simply breaking your contract. For certain jobs, such as buying, em- ployers have longer notice periods, not so much to keep you there until they find a replacement but to stop you working for a competitor too soon after you have left their employment. senior roles your new employer will under- stand the need for longer notice periods. In such circumstances they would require you to go on garden leave. This means that you don’t go into work with the old employer but you cannot yet work for you new employer. In such circumstances it would be very dangerous to break your contract. Finally, what happens if you haven’t signed your contract? Nothing. You are bound by the contract if you have turned up to work and accepted the salary. The only way you would not be bound by it would be if you had written to the em- ployer expressly rejecting that clause and the employer hadn’t responded. This is often a nightmare scenario at first but al- most always can be resolved by sensible negotiation. For the vast majority of jobs though, al- most always a sensible compromise can be achieved. What usually happens is that when you tell the current employer that you are leaving they are initially upset and un- cooperative — unless, of course, they’re glad to get rid of you. After a couple of days though, you will often find that they will give ground. Similarly, your new employer may well compromise too. Having gone to the trouble of finding the right candidate (which isn’t easy these days), they are not going to want to start the process again. It is highly unlikely that they have an alterna- tive candidate in the wings. So, the advice here is to get a negotiated settlement. Appeal to your old employer to give some ground and ask the new employer to give some ground also. Only in very senior roles where there is sensitive information are you likely to hit a brick wall. In such Don’t make threats and don’t react badly if things go adversely. Perhaps try putting the new employer in touch with the current employer and let them sort it out. And, remember this, the more difficult it is the more valued you are! Peter Burgess Readers are welcome to respond to these articles by visiting our website at www.retailappointment.co.uk/POL, where they can review other issues or make comments on this advice. Got a new question? Just email us at [email protected] or visit us on the website. This advice is meant for general entertainment purposes only and, if you have a specific issue on which you need help, you are advised to seek the advice of a solicitor, HR Consultant or can obtain free advice from ACAS. “When you tell the current employer that you are leaving they are initially upset and uncooperative — unless, of course, they’re glad to get rid of you.” retailappointment.co.uk 07