Notice to an employer

[Mrs Manson]

Hi,

Does anyone know what would happen if I didn't work my correct notice as per my contract.

For example, if my contract states 4 weeks notice, then if I only worked 1 week or left straight away even, is it just the money I would lose, or could they sue me.

Thanks.

[Buenchico]

Anyone who breaks a legally-binding contract, of any type, places themself in a position where they may be sued. Whether a company would actually do this depends very much upon the circumstances. If, for example, you work in a job where your absence could easily be covered by other staff (without paying overtime) then it's unlikely that your employer would bother to sue. If, however, your absence would result in the loss of a multi-million pound contract, then expect to say goodbye to every penny you've got!

Chris

[january_bug]

Chris has answered perfectly I'd say, but I think I could just add that if you're leaving to go to a rival that will obviously provoke them even more. If you insist upon breaching your contract with them, then at least minimise the number of ways in which you do so.

[indieanna86]

I'm kind of in the same situation. I had a job interview this morning which went really well. But they said that 4 weeks wait might be a bit much as they need someone pretty quick. What should I do? I've never even seen a contract at my current job, let alone signed one. But then again my current boss is an ex army man and has quite a temper, I'm scared about telling him to be honest! I have one weeks holiday left here, but even that isn't enough...

[january_bug]

How long have you worked in the current job indieanna? If it isn't very long at all, you might still only need to give one week's notice (I can check details of this later but am on a very dodgy internet connection at the moment).

Of course the key point for both of you, is to try to avoid legal encounters by being as polite and co-operative as possible. You might fnd your bosses to be surprisingly co-operative. If they can find a replacement quickly enough, they could be happy to let you go.

indieanna - (nice second half of name by the way! :-)) your potential new employers sound a little clueless about the job market. They must realise that if they want someone with experience, they are likely to be currently in a job, which by law, is likely to require 4 weeks' notice if the boss is not so understanding. If they offer you the job, I sugget that you tell them how very keen you are, and that you will do your best to get released from your contract early, but that you are not in the habit of breaching contracts of employment (they should be pleased to hear this... in fact, is it maybe a test? If you are happy to breach with your current employer, it does imply that you'd breach with them too! Just a thought!)

If this is posted 3 times, please forgive me, it's the dodgy internet connection!!!

[c00ky83]

All I'd say is don't expect a good reference!

[eash]

Ask if you can go on gardening leave....

[indieanna86]

Well, the employer does have someone leaving them and they pointed out that this person too had to give 4 weeks notice. I did find it odd that they'd waited 2 weeks in to her notice period to start looking for a replacement. I really can't just wait for another job offer, I've been looking for a new job everyday since March this year, this is the first time anyone has taken interest! But surely if I haven't signed a contract with my current company, I have no obligations at all?

[january_bug]

You'll be so lucky! No - the contract is implied. Believe me, the contract protects you more than it binds you, but it still binds you.

If you really want to, then just breach and see what happens. I'd still advice contacting the CAB, or a legal advice centre.

[WoWo]

"No - the contract is implied". That may be the case but without a written contract the statutory period would only be a week.

"The minimum statutory notice period which must be given by an employee is at least one week's notice if employed continuously for one month or more by that employer. Note that the minimum notice period does not increase with longer service.

Unless a contract states otherwise, notice can be given on any day. The notice period runs from the start of the day after the day on which notice was given. So if a week's notice is given on a Monday, the period of notice will begin on the Tuesday and expire at the end of the following Monday."

[january_bug]

I'd be interested to consider what would happen if there was a written contract that varied the statutory terms and that by turning up every day, and doing work, and accepting pay for it, the employee had implicitly agreed to the terms of that contract.

I suspect a good barrister could pick that apart, so it's just a thought.

My point really is that people shouldn't just assume that they're free to do what they like, just because they feel like it.

Also, indieanna - how come your new employer doesn't want a reference from your current employer?

[indieanna86]

I need to point out that I haven't said I've been offered the job yet, sorry if I made it sound that way. Lets just say I have a very good feeling about it.

Secondly, I'm not assuming I'm free to do what I like, thats the reason I'm on here in the first place - to seek advice. I'm not trying to cheat my employer.

Thirdly, of all the jobs I've had, nobody has ever asked an employer for a reference. It does not happen in every case.

[january_bug]

Well indieanna - first, I want to wish to every success - i hope you get the job if it's what you want. But secondly, I want to ofer a piece of advice.... GET A WRITTEN CONTRACT in your next job, and actually read it properly before you sign it. I know it's tedious and boring (I HATE reading contracts related to me, yet I type and draft contracts for others for a living!)

good luck!! :-)