What can employer do if you don't work your notice?

SandA

Hello

My partner is currently in a job that he absolutely hates, its causing him to get depression. He has an interview for another job next week, it seems promising as he has a lot of experience required for that position. However it is a role that requires an immediate starter. If he is offered the job, he obviously wants to leave the other one but he is required to work 4 weeks notice. What can happen if he does not and leaves straight away upon telling them he is leaving? He currently works in the legal field so no doubt they will throw the book at him. Just wondering what could come of it. Just to let you know, in his current job he isn't anyone 'special' (that sounds terrible) but he isn't really needed for the business to function.

Thank you

dancingfairy

They might put him on gardening leave? What does his contract say about going to work for a competitor etc?
To be honest if he works in law that could be a bad thing. For one thing in law particularly I would have thought that your reputation was all important, also the company he is leaving could sue him for losses etc (or frighten him that they could). It basically comes down to what the company has lost and how much time/hassle/energy they have to fight it, not something you really want to gamble on.
Also have his current company been approached with regards to a reference? It might not impact this job but the next one IYSWIM. I would have thought that the reference before your current job was the most vital so IF he gets the new job and then wants to go on again he's have to give this old jobs details and if they say he just walked out..... it's not going to look good.
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SandA

Could he not just get his reference from his employer before this one (He only left 8 weeks ago) and not include this one on his CV?

I don't think they will fight it to be honest, his role is so unimportant to the company, him not being there would not affect the business in the slightest. He is simply the person who does the jobs no one else wants to. (Some that were not on the job description or discussed at the interview, may I add).

- To avoid confusion, my partner is not going into another role in the legal field.

I've read that they can withhold his wages for time he has worked, is that true?

Thanks

SandA

May I add, he has not been given his copy of his contract, he was given it to sign, and returned it for his employer to sign, I don't think they have yet as he has not received a copy. (Although I suppose this means little as no doubt they will sign it once he resigns to put them in a better position, they could date it whenever they like.)

dancingfairy

Has he got any leave he can take so he doesn't have to physically work his notice? His company may or may not be bothered -I guess it's an individual company policy. The time and effort involved is probably not worth it for the company to chase but it depends on whether they want to make an example of him.
I have no idea on the legalities of witholding pay. Surely they can only withold pay that a) he hasn't earnt yet b) to recover any money from overtaken holidays c) to pay for courses where he hasn't stayed in his job long enough after taken them or possible d) to cover the costs of having to take on a temp or other costs?? Surely they can't just take pay he has legitimately earned?? Hopefully someone who has experience in this field will be along to help.
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Notmyrealname

SandA wrote: »

What can happen if he does not and leaves straight away upon telling them he is leaving? He currently works in the legal field so no doubt they will throw the book at him. Just wondering what could come of it.

The employer is entitled to sue the employee for damages arising from it as they are in breach of contract. Damages can include employing temporary staff to cover the notice period or lost revenue or both.

Tiglath

If the new company want him so much, they may agree to let him work his notice at the old place. If they offer him the position, they'll obviously have decided he's the best person for the role. Is there any likelihood that his current HR department would be prepared to negotiate on the notice period? If he's only been in his current job for 8 weeks, is he still in a probationary period? If so, notice may be as little as one week on either side - worth checking his copy of the contract on that.

zenmaster

No, they cannot withhold any due pay. They can, however, pursue him for any losses they incur due to his breach of contract. Whether they will or not is up to them.

He does not need a signed paper version of a contract. If he has turned up, done the work and taken payment for it then is deemed to have accepted the contract.

Uncertain

Notmyrealname wrote: »

The employer is entitled to sue the employee for damages arising from it as they are in breach of contract. Damages can include employing temporary staff to cover the notice period or lost revenue or both.

Here we go again!

OP, every time this crops up there are one or two people on here who just love to overstate both the likelihood of this happening and the potential consequences.

Yes, as in any situation where you are in breach of contract, the other party could seek to recover their losses.

First of all, they would have to actually suffer a quantifiable loss which they could clearly demonstrate was a wholly as a result of the breach of contract.

If so then, like any legal claim, they would have a duty to take all reasonable steps to minimize their loss.

This could, under some circumstances, include hiring a temp at a higher hourly rate than your husband's. Under such circumstances then they MAY be able to claim the difference between what they would have paid your husband and the cost of the temp.

However, as this is an employment situation, there are a number of reasons why an employee may be absent without prior notice. They could be sick, snowed in or even died! Equally they could have exercised their legal right to short periods of unpaid leave to deal with a family emergency. A well run business will have contingency plans for such situations which would again tend to mitigate the value of any claim.

It is very unusual for such a claim to be made in respect of an "everyday" job but it can happen.

People like to refer to a case on here where a cleaner was sued in similar circumstances. The employer LOST, probably because the judge could see the claim was largely vindictive and the employer had done little or nothing to mitigate their losses.

In the real world what is far more likely to happen with a "dodgy" employer if for them to withhold any unpaid wages and holiday pay. This they have no legal right to do and it would be a straightforward ET claim to recover this money. However, they would probably try and play the "you sue us and we will sue you" game.

If he is going to do it then I would suggest making sure it is just after his salary lands in the bank. I would also be tempted to issue a months notice then immediately self certify as sick for a week. If it looks as though there will be problems after this a quick trip to the doctor may help.

kw5

"Could he not just get his reference from his employer before this one (He only left 8 weeks ago) and not include this one on his CV?"

If he has only been there 8 weeks, surely he would still be in probationary period? Is there a a clause in the contract or handbook?

Sambucus_Nigra

SandA wrote: »

Could he not just get his reference from his employer before this one (He only left 8 weeks ago) and not include this one on his CV?

If he's already applied, surely he has already put this employer down on his application?

In instances such as this, forget the reference, and if he gets offered the job, just call up the current employer and say it's not working out and he won't be back. If they do withhold wages, do as Uncertain has said and don't look back.