Question re need to work notice when leaving job

Dr_Wu

Hi

Just wondering where my daughter stands legally.

She's in a job which she hates has found another job where they want her to start right away.

She has not signed a contract yet with her existing job (small private employer) but did sign an 'offer of acceptance letter' which did mention the need to work 4 weeks notice.

Given that she hasn't signed an actual contract is she legally bound to work her notice?



Many thanks in advance

Steve

Uncertain

Dr_Wu wrote: »

Given that she hasn't signed an actual contract is she legally bound to work her notice?

Yes.

A contract doesn't have to be in writing to be valid.

If she fails to work her notice there is a remote possibility that her current employer may make a claim against her for breach of contract and seek to recover any losses this causes.

More likely is that they will (illegally) withhold her final pay and payment for any accrued but untaken holiday. Strictly speaking they have no right to do this but what sometimes happens is it degenerates to a tit for tat "you sue us and we will sue you".

Much better would be to negotiate. Many firms are sensible enough to realise that it can be counterproductive to force somebody to work if they don't want to be there so it is usually possible to reach a compromise.

Dr_Wu

Uncertain wrote: »

Yes.

A contract doesn't have to be in writing to be valid.

If she fails to work her notice there is a remote possibility that her current employer may make a claim against her for breach of contract and seek to recover any losses this causes.

More likely is that they will (illegally) withhold her final pay and payment for any accrued but untaken holiday. Strictly speaking they have no right to do this but what sometimes happens is it degenerates to a tit for tat "you sue us and we will sue you".

Much better would be to negotiate. Many firms are sensible enough to realise that it can be counterproductive to force somebody to work if they don't want to be there so it is usually possible to reach a compromise.

Really appreciate your taking the time to reply, many thanks

getmore4less

HOw long has she been there?

A I don't think this is working conversation might just result a mutual agreement to finish early, if they can cover if not if the job is easy to recruit for maybe offering a week till they get someone will be enough.

Dr_Wu

she's only been there about 2 months.

The problem is that if she works her notice then she might lose out on the other job.

She's only worked one week this month so would only lose out on a weeks pay if they decided to withold it.

Seriously, how likely would they be able to sue, we're talking about someone working in a small firm here?

Always_Harassed

I left a job with only a weeks notice. They can sue you but that is highly unlikely. I would tell her to apologise and tell them that she will miss out on the job if she doesn't leave right away. Tell her to clear out her locker, claim her cup etc before she tells them. Another time I handed in my notice once and was told to put my jacket on and leave. That was a charity and they didn't pay me my notice.

Uncertain

Always_Harassed wrote: »

Another time I handed in my notice once and was told to put my jacket on and leave. That was a charity and they didn't pay me my notice.

Under those circumstances you would have had a simple and cast iron claim against them........

Uncertain

Dr_Wu wrote: »

Seriously, how likely would they be able to sue, we're talking about someone working in a small nursery school here?

To have an valid claim they would need to show that

a) They had in fact suffered losses over and above the saving on her pay

and

b) they had taken all reasonable steps to minimise their losses

So if, for example, she gave two weeks notice instead of four they would have to work quite hard to show that they had suffered unavoidable losses despite having had two weeks in which to plan.

If she just walks out with no notice at all then they could probably quite easily argue then had no alternative but to get a freelance person in for a few days at a higher cost than your daughter's wages.

As stated it is very rare for this to happen but occasionally it does. Nobody on here can give you a guarantee.