Leaving my job on wednesday without giving notice.

Uncertain

Jerryjerryjerry wrote: »

I get paid tomorrow (tue) or (wed).. I'm going to bank the cheque then leave.. I will post the keys through the letterbox.

The company i'm leaving have to be the worst employer i've ever had the misfortune (in 20 yrs) to work for. The boss is very abusive and they have a high turnover of staff. I wasn't even allowed to meet him at my interview because and I quote the office manager "he'd have scared you off".

Anyway, they owe me about 10 day's holiday pay which i'm quite happy to forfeit. I just couldn't bare to tell them i'm going, as, since i've worked there, three other girls who left were treated even more appallingly than usual, in the weeks leading up to their departure.

Be a little careful about the cheque.

Are your wages paid totally in arrears? Or does the payment you expect tomorrow include the rest of the month?

The reason I say this is that would give them legitimate grounds to stop the cheque before it clears. They could correctly argue they need to adjust the amount.

OK, they cannot legally withhold payment for any work you have done up to the moment you leave (or, come to that your untaken holiday) but you could end up with considerable hassle actually getting it.

As other have stated there is a theoretical possibility they could sue for losses they incur as a result of you breaching your contract. However, this is almost unheard of in "ordinary" jobs but it is often waved around as a tit-for-tat threat.

RedSoleShoes

Hammyman wrote: »

One thing you haven't considered is that by walking out with no notice is that you can be sued by your employer for any costs of getting in covering staff as well as any loss to the business.

With an employment contract, an employer can only sue if they are counter-claiming against an employee's claim. They cannot instigate a claim, only an employee can do this.

Jerryjerryjerry

Wow! I didn't expect so many replies. Thank you so much!

You've helped a great deal. Some good tips there. I will download a P46 for my first day at the new job.

I don't think its fair to claim holiday pay since I'm leaving them in the lurch.

I think all in all, i'm being quite fair. I'm supposed to be getting my cheque tomorrow, but they're often late paying.

I'm being paid till the end of the month. So I guess technically, i'd be skiving off a couple of days.

I was going to email them on Wednesday evening and resign by email, but their email isn't working (they've not paid the internet bill as per usual).

Thank you so very much again. Your replies have been incredibly useful. Especially the bit about the P46 and the fact that they can give me a bad reference.

I've told the new employer that it was just a temporary job. (technically a lie), but it was temporary to me!

Obviously, I didn't say at the interview, that I was unhappy with my current employer as I didn't want to appear negative, but I have no problems, once I start the job, letting them know that I walked out.. and its not something I've got a habit of doing.

I can't WAIT to start my new job.

Uncertain

LilyDeTilly wrote: »

With an employment contract, an employer can only sue if they are counter-claiming against an employee's claim. They cannot instigate a claim, only an employee can do this.

Sorry but this is wrong.

Although the chances of the OP being sued successfully are so small as to not be worth considering, it is not true to say the employer couldn't bring a claim.

There is nothing to stop them filing a County Court (or even High Court if enough money was involved) claim for damages. They would have a duty to mitigate their losses as far as possible and of course deduct the amount they have saved in the OP's wages from their claim.

I suspect what you mean is the employer cannot instigate a claim at an employment tribunal?

Jerryjerryjerry

Googlewhacker wrote: »

So whilst they prob won't don't be surprised if they are spiteful and take you to court (however if you are not going for the holiday pay they prob won't)

Yes, I figured if I didn't go after the holiday pay, they would probably not pursue me.

Jerryjerryjerry

MrsManda wrote: »

Did you put them down as a reference on the application for your new job?
It is NOT against the law to make negative comments on a reference, if it was there'd be no point in asking for a reference. A reference has to be factual so yes, they would be able to say that you left without notice if they were asked for a reference.
http://www.direct.gov.uk/en/Employment/Employees/Startinganewjob/DG_10026703

You should still receive a P45 from your employer as it's a legal document, however if you don't have one and your new employer wants one quickly you can always ask to fill out a P46 instead.
http://www.hmrc.gov.uk/working/forms/paye-forms.htm#1

I didn't put them down as a reference as such, but they're listed on my CV. (name of company and address)

Jerryjerryjerry

wilykit wrote: »

Good for you!! I did the same in November after working for a company for 7 months. I signed a contract that said I had to give 6 weeks notice, but in the end I had had enough - my dog needed veterinary treatment and they wouldn't give me the morning off (half a day holiday) to sort him out so in the end I walked out as loads of stuff had been building for months and I had had enough.

My boss was threatening to come to my house and beat my dogs up cos he was training as a boxer and all the rest of it, but I just ignored him and in the end they posted me my P45 and I got paid what I was owed.

Good for you for not taking anymore crap and I hope you are happy in your new job!

Thank you.. and how awful threatening a poor dog? I can't believe the behaviour of some employers out there. They seem to be getting worse at the moment. They know its really tough out here trying to get a job, and therefore they think they can get away with treating employees badly. I must admit, they had me by the goolies, until I finally got a job. By the way, I applied for every job advertised in my field (secretary/legal secretary/admin assistant) for about 4 months (on average I must have applied for about 15 jobs a week and I got 5 interviews in all that time. I never gave up though. So if anybody is reading this and are having a tough time at work, then don't give up looking.

Jerryjerryjerry

Uncertain wrote: »

Be a little careful about the cheque.

Are your wages paid totally in arrears? Or does the payment you expect tomorrow include the rest of the month?

The reason I say this is that would give them legitimate grounds to stop the cheque before it clears. They could correctly argue they need to adjust the amount.

OK, they cannot legally withhold payment for any work you have done up to the moment you leave (or, come to that your untaken holiday) but you could end up with considerable hassle actually getting it.

As other have stated there is a theoretical possibility they could sue for losses they incur as a result of you breaching your contract. However, this is almost unheard of in "ordinary" jobs but it is often waved around as a tit-for-tat threat.

The cheque I am expecting tomorrow is work up until the end of this month (feb). So if I walk out on the 23rd as planned, technically, i'm running off with two day's pay I believe.

I doubt they will chase me for that. But you never know.

DCFC79

Good luck, well done in finding a job to go to

Jerryjerryjerry

Re the cheque being stopped. I'm now thinking perhaps I should walk out on the wednesday, and then not contact them and let them think i'm ill or something.

I can't see them stopping the cheque unless they hear from me telling them i've left. I think I ought to withhold that email until the Monday. Its a tough one. Then of course, I could say that I waited till monday as your email system was down anyway. I was going to let you know sooner.. etc. etc.