Leaving employment and not working notice period in contract

David_Brent

Hi due to a change in my employment I have changed jobs and they needed me straight away, and I had to leave my job at the time pretty much after a few days notice (though my notice period in my contract was 2 weeks).

I wrote a letter of my intention to leave and sent this to their HR department to warn them. I know its not a nice way to leave things, and not ideal, but I didnt really have a choice as I was offered a better job etc so I have to think of number one.

Is there anyway my previous employer could refuse to pay the weeks I worked due to me not working my notice period?

Emmzi

if they incur a loss due to your actions.

David_Brent

Emmzi wrote: »

if they incur a loss due to your actions.

Sorry what do you mean if they incur a loss?

David_Brent

MrCEO wrote: »

They still couldnt refuse to pay the wages though.

The only way they can reduce your wages is if they have a clawback for any overpaid wages, training or equipment

They can seperately decide to pursue you for losses related to your breach of contract however this is very unlikely.

Great thanks for this!

Hammyman

David_Brent wrote: »

Is there anyway my previous employer could refuse to pay the weeks I worked due to me not working my notice period?

They can't refuse to pay you but they can sue you for the costs of replacement staff and any losses incurred as a result of you not honouring your word.

Hammyman

David_Brent wrote: »

Sorry what do you mean if they incur a loss?

Cost of temporary agency staff to cover your job or lost income from business being interrupted or additional costs required to complete a project you were working on for example.

SarEl

Hammyman wrote: »

They can't refuse to pay you but they can sue you for the costs of replacement staff and any losses incurred as a result of you not honouring your word.

Just a quick observation - they can't legally refuse to pay you. But there is nothing to stop an employer illegally refusing to pay you - it happens all the time. Then you would have to sue them, which is when they countersue for costs against you! And of course you should also remember theat old adage about being careful who you step on on the ladder to success, because you may meet them on the way down again. It's amazing how often it's true...

axomoxia

If its any consolation, the only company I left without working my notice is the only company to have ever re-hired me!

I've never heard of anyone being sued for leaving without giving notice outside of company directors of pretty big companies. To be honest, I doubt anyone is actually going to bear a grudge for you leaving without giving your notice - there are far worse things you could do to someone that could come back and bite you down the line.

SarEl

axomoxia wrote: »

If its any consolation, the only company I left without working my notice is the only company to have ever re-hired me!

I've never heard of anyone being sued for leaving without giving notice outside of company directors of pretty big companies. To be honest, I doubt anyone is actually going to bear a grudge for you leaving without giving your notice - there are far worse things you could do to someone that could come back and bite you down the line.

Ah - but it really depends on the filed of work you are in. It's rare yes - but as a lawyer I have heard of employers doing it to relatively junior staff. In one case the former employer not only sued (and won) but they contacted the new employer and threatened to sue them for inducement to breach of contract, resulting the person also being sacked. The problem with telling people it won't happen is that it may happen, so they should go in with their eyes wide open and understanding the risk. They may be the lucky 4,999 - or they may be the 1.

axomoxia

SarEl wrote: »

Ah - but it really depends on the filed of work you are in. It's rare yes - but as a lawyer I have heard of employers doing it to relatively junior staff. In one case the former employer not only sued (and won) but they contacted the new employer and threatened to sue them for inducement to breach of contract, resulting the person also being sacked. The problem with telling people it won't happen is that it may happen, so they should go in with their eyes wide open and understanding the risk. They may be the lucky 4,999 - or they may be the 1.

Any ideas on what kind of numbers we are talking about here? As a percentage or absolute figures....

SarEl

Impossible to say - there are no official figures for either people who leave their work without giving their notice, or for the tort used to sue such people (the tort covers all breach of contract - any form of contract). The best anyne can say is it's rare but not impossible.