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

InsideInsurance

The most likely "worst" outcome is that they sack him for gross miss conduct for not turning up to work which obviously impacts any future job if they require a reference from his current employer.

In theory they could sue him for damages for any losses they've suffered as a result of his breach of contract eg if they have to pay people time and a half to cover his shifts then he'd be liable for that extra 50%.

There is a moderate chance of being sacked but almost no chance of being sued

DVardysShadow

Without a written contract - or a statement of terms in an offer letter which states notice periods, I believe that the notice required is just 1 week.

bitemebankers

Uncertain is spot on. Just resign and then go on sick leave. They won't do anything. In the extremely unlikely event that they get bolshy, threaten them with a PI claim.

Batchy

If he is being mistreated, just write a letter explain the reasons for leaving, start by saying that if he continued he would issue a claim for Constructive Dismissal anyway, so lets call it a day and part company reasonably.

If in the probationary period this can be terminated at anytime I would have thought. Especially with no contract.

Good luck, if the company used a recruitment consultant it would probably be in their interest that he left now rather than after 1 month notice else, the 3 month period that they give as grace would kick in and the invoice would be payable at either 50% or worst still 100% (might be 6 months for that). But it could be in both parties interests to part company immediately. Could be high too,... like 5-10k + depending on salary.

marlot

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.

This happened to someone who came to work for me. He said the company were notorious for not paying the last month's salary, so he resigned on pay day and didn't return.

He was successfully sued for a contractor being brought in to deliver some customer sessions he'd been lined up for.

Acc72

bitemebankers wrote: »

Just resign and then go on sick leave.

This is the answer.

As it appears that your husband may be in his probationary period he needs to check his contract as his notice period may be just one week.

If so, just had in written resignation, say nothing else, and phone in sick the next day (followed up by e-mail/letter) - he can self cert for a week.

No problem.

If he just resigns and never goes back he runs the risk of the company doing something (although this is very remote, if he can easily remove this remote possibility then he should do so - there is nowt as strange as folk, and he might be the unlucky one who has a particularly vindictive employer).

Bosniavet96

I tend to agree with those citing the probationary period usually allowing for minimal notice. The plan of resigning & taking sick leave can have unintended consequences further down the line when you are asked about your sickness record, & this current employer will be able to state that your partner spent 1/3 of their period of employment on sick leave - can look bad to potential employers.

My own personal experience some years ago was I resigned during my probationary period, giving 4 weeks notice. I was open & honest that I was going to work for a competitor who was offering me a 22% increase in salary. The personnel manager, after stating I had only needed to give 1 or 2 weeks notice, accepted my 4weeks, placed me on gardening leave & paid me for the full peiod of notice I had given. Playing the game, I then went to work for an agency for 3 weeks before taking up my new job. Win/win for me, but I can make no guarantees.

Notmyrealname

Bosniavet96 wrote: »

My own personal experience some years ago was I resigned during my probationary period, giving 4 weeks notice. I was open & honest that I was going to work for a competitor who was offering me a 22% increase in salary. The personnel manager, after stating I had only needed to give 1 or 2 weeks notice, accepted my 4weeks, placed me on gardening leave & paid me for the full peiod of notice I had given. Playing the game, I then went to work for an agency for 3 weeks before taking up my new job. Win/win for me, but I can make no guarantees.

And this, ladies and gentlemen, is the proper way to do it. No bridges burned, no bad references, no leaving oneself liable to be sued.

CKhalvashi

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.

What possible damages would there be? Possibly a loss of £500 for having a car outside the office for a month if there's a company vehicle involved. (He says as a company director)

Surely a company should take into account that staff may be ill/leave if they take on work?

CK

Sambucus_Nigra

Bosniavet96 wrote: »

I tend to agree with those citing the probationary period usually allowing for minimal notice. The plan of resigning & taking sick leave can have unintended consequences further down the line when you are asked about your sickness record, & this current employer will be able to state that your partner spent 1/3 of their period of employment on sick leave - can look bad to potential employers.

My own personal experience some years ago was I resigned during my probationary period, giving 4 weeks notice. I was open & honest that I was going to work for a competitor who was offering me a 22% increase in salary. The personnel manager, after stating I had only needed to give 1 or 2 weeks notice, accepted my 4weeks, placed me on gardening leave & paid me for the full peiod of notice I had given. Playing the game, I then went to work for an agency for 3 weeks before taking up my new job. Win/win for me, but I can make no guarantees.

a - not if they never put this employer down on a reference they can't
b - gardening leave is only really relevant if you are going to work for a competitor - in this instance, I doubt if gardening leave is going to be appropriate or offered, and the OP's husband just wants out asap.