Can an employer sue me in this scenario?

Question

I signed a contract with my employer in UK. The notice period clause

From employee - 2 month (when on client projects)
From employee - 1 month (when on non-client projects)
From employer - 1 month for up to 4 yrs of service thereafter 1 additional week for each yr

I am working in IT sector and most of the projects are client projects only.In this comp , all are client projects. When i signed, i assumed client project means working on client site but now they are saying that it means any client work. on client site or company office. Clause is ambiguous.

Also, i got a mail from HR where she mentioned about notice period and asked me to serve for 2 months because i am at client site. I replied that i am not at client site and working in comp office. I have forwarded that mail to my personal id for proof that clause is ambiguous

Also, if i give them 15 days notice and offer them money for rest of notice period is it ok? or do i need to be with comp for full one month?

Well i know i should have given 2 month notice but my current situation does not allow it.

Also, my employer is forcing me to work for 2 months. they dont want to leave me as many employees are resigning. they are not able to manage iteration.

Answer 1

Yes, you can buy out your contract if your employer agrees. Why didn't you just follow your contract and give them proper notice? You do not have to be on site to be working on client projects, so it sounds like they are legally entitled to two months notice.

Answer 2

Three points which can be argued.
If that clause is ambiguous it will be read against the drafter of the clause. Take care
Because of your different interpretations of the clause you can be said not to be of like mind when the contract was agreed. so you have no contract Do not try these without proper advice from an employment lawyer
Do you not think it would be silly to force you to work on a project when you have indicated when you have indicated you no longer wish to work for the company.

They would be far better off marching you out of the office and paying you in lieu of notice and prevent you leaving a different teething problems than those usually be expected..
You won't of course but they don't know that

Answer 3

It sounds like the key to the time required isn't WHERE you work, but what you are working on.

I'm pretty sure that they cannot "require" you to remain, the question is what penalties are provided for or foreseeable for leaving in advance of the required time period.

Personally, I think they are out of their minds to even consider keeping employees even an hour after giving notice. IT by its very nature is a very sensitive area, and unhappy IT employees have become known for creative destructivity.

Call HR and work out a mutually agreeable separation date, regardless of what the contract says, and get it in writing.

Don't offer them money.

Answer 4

If you leave before the period is up you could be liable for the cost to find a replacement and any damages your leave costs the company. I work in a job that requires a min. of 6 weeks notice before you leave. Any prospective future employer understands that and usually respect their new hires when they honor these notice periods. My advise to you would be stick out the entire period. Less headache and makes you look much more professional. Why burn a bridge you don't have to?