Do I have to work my notice?

bethg2009

pjcox2005 wrote: »

I'd probably suggest that unless you have a very good reason why you need to quit with immediate effect, then you should work your notice period and be accomodating to the company.

It obviously depends on position/career path but it's amazing how often you meet old colleagues if you stay in an industry. The bosses may be in a position to say directly impact promotion in a future job and will probably recall if you've left them in the learch.

Saying that if its a job which is easy to replace you/won't drop colleagues into a mess, then speak to your manager and see if they'll agree to waive the notice period.

(Side note: Just posting a resignation letter and not going into work doesn't seem to fit with your big bold footer of 'It's nice to be important. but more important to be nice!!')

Cheers, and yes you are 100% right regarding my sig, however I really can not cope in the job, it is soul destroying, I have spent the last two weeks training four new staff to do my job (answering a phone parrot fashion) I know for certain I will not be dropping any colleagues into any mess. The company is "Mickey Mouse" as it were and has no care or respect for any member of their staff and of late that feeling has begun to rub off on me and I would like to get out very quickly.

heretolearn_2

If you think they'll just tell you not to work your notice, why not give in your notice as you are supposed to?

If you don't
a) you won't be paid for the notice period (which you will if you give notice and they tell you not to work it)
b) you either won't get a reference in future or they will give a reference and will tell new employers you left without notice (and even though you have a new job, you will be applying for other jobs in future and it's usual to have to supply 2 references)
c) If they really wanted to, they could sue you - and new employer!

little_miss_muppet_face

Im sure you could hold out for another month... i think its always best to leave on good terms if you can.. you never know when you will work with any of them again.. But as you say they may say for you to just go...

wuckfit

Other people who have left may have been told not to work their notice, but at the same time they may have expected to work it.

The surest way to ensure that you'll be made to work it is to assume that you'll get to go. Besides, you never know when you might need a reference in the future, so it's best not to burn any bridges. Your new employer should recognise that you have a contractual obligation to your current one and not penalise you for fulfilling that contract.

Also, be careful if they DO let you go to be certain whether you're on garden leave or not. if you're on garden leave you're still technically employed and could be expected to come into the office at any moment.

Uncertain

nomoneytoday wrote: »

AFAIK they can sue for hiring a replacement for you.
AFAIK they can sue for loss to the business.
AFAIK they can dock holiday pay.

The third point is wrong. The must pay you up to the day you leave plus any accrued statutory holiday.

The other two are, to some extent, correct.

As you would be in breach of contract they could in theory sue you for any losses this causes. However, they would have a duty to take all reasonable steps to minimise the loss. The would of course be saving that month's salary so they would have to deduct this from any loss.

This type of claim is rare and normally this only happens at very senior levels or as a tit for tat response to a claim from the employee.

mynameisdave

How are you paid? My last job you had to work a month notice. We were paid 10 days arrears and 20 days in advance so there wasn't a chance of being told go and dont bother working it!

shikoku

Uncertain wrote: »

The third point is wrong. The must pay you up to the day you leave plus any accrued statutory holiday.

The other two are, to some extent, correct.

As you would be in breach of contract they could in theory sue you for any losses this causes. However, they would have a duty to take all reasonable steps to minimise the loss. The would of course be saving that month's salary so they would have to deduct this from any loss.

This type of claim is rare and normally this only happens at very senior levels or as a tit for tat response to a claim from the employee.

In addition to which it would make for extremely bad publicity for the company concerned.

Googlewhacker

shikoku wrote: »

In addition to which it would make for extremely bad publicity for the company concerned.

I'm not so sure this is true, if it got out then everyone would see that the employee broke their contract and are facing the consequences and the employer is just in taking action.

Jinx

A few years back I walked out on a Friday night after clearing my desk and emailing my resignation. I didnt work my months notice.

I worked for a company who didnt give personal references so had nothing to lose as they only give dates of employment. I received my P45 through the post and didnt hear from them again.

Its your call

fantasia322

You asked me about this in my thread about walking out.
I walked out on Monday, yesterday sent a letter of resignation asking them politely if theyw would waive the weeks notice that I should work. I am expecting them just to send me my P.45 asap and deduct the week not worked from wages owed.