Resigning with immediate effect - Breach of contract?

abtekk

Currently I work for a company in the UK where in my contract it says I must provide 4 weeks notice. However I have been offered a job with an immediate start, this will breach my contract. Is there anything they can do other than withhold my unworked days pay? If that's the case I'm happy resigning straight away and starting my new role.

EDIT:

Upon reading my contract it actually states:

"If assosciate resigns, however, with few than the required minimum business days notice, or if he/she actually leaves the company prior to the expiration of the required minimum business days notice period and without the permission of the company, then he/she agrees that (to the extent of the law) no vacation pay, salary or other compensation otherwise due, from the date of the associates resignation notice until the time of his/her approved effective termination date will be owed or paid to him/her by the company."

bristol_pilot

They could hire an agency person to do your job for the duration of your notice period and sue you for the difference between the cost of the agency person and what they would have paid you. Very unlikely in practice.

abtekk

bristol_pilot wrote: »

They could hire an agency person to do your job for the duration of your notice period and sue you for the difference between the cost of the agency person and what they would have paid you. Very unlikely in practice.

I can't imagine they'd bother. They aren't known to accept agencies due to the sensitive nature of the job, and the data/information that person would be exposed to.

Takeaway_Addict

If you leave without giving notice they could legally sue you for the costs incurred(but they have to mitigate their losses), it's unlikely and generally only for high end jobs but it can and does happen if the employers feel put out.

You also risk your reference and they could legally if requested say you left without giving notice.

It's a bad idea to burn bridges.

On the otherside, they HAVE to pay you for all holiday days earnt up until you leave. If you have taken to many they are entitled to take the amount required out of your last pay cheque

abtekk

Takeaway_Addict wrote: »

If you leave without giving notice they could legally sue you for the costs incurred(but they have to mitigate their losses), it's unlikely and generally only for high end jobs but it can and does happen if the employers feel put out.

You also risk your reference and they could legally if requested say you left without giving notice.

It's a bad idea to burn bridges.

On the otherside, they HAVE to pay you for all holiday days earnt up until you leave. If you have taken to many they are entitled to take the amount required out of your last pay cheque

I understand that I shouldn't leave without notice if I can help it due to the reason of losing references. But they have known that I have been unhappy, and looking to move roles for many months. Going back to references, I think I could work around it as I could make my reference the team leader I'm currently working under instead of my manager.

Takeaway_Addict

abtekk wrote: »

I understand that I shouldn't leave without notice if I can help it due to the reason of losing references. But they have known that I have been unhappy, and looking to move roles for many months. Going back to references, I think I could work around it as I could make my reference the team leader I'm currently working under instead of my manager.

Most companies have rules stating that only certain people can give references unless it is a personal one (which has no relation to the company)

If someone gives a reference when they shouldn't they leave themselves open to disciplinaries

Annisele

I think the worst case is that old employer contacts your new employer and gives a (truthful) unsatisfactory reference to say you breached your contract, your new employer fires you as a result, and then your old employer sues you for breach of your contract. I don't think that's all that likely to happen - but it's possible.

You also might have trouble with your next job. It's pretty common for new employers to want references from the last two places you've worked, and "breached his contract with us" doesn't look good.

Have you asked your new employer if you can delay your start due to your notice period? Or asked your old employer if they'd agree to let you go early?

InsideInsurance

The worst thing they do normally is simply sack you for being AWOL and so all future references give your reason for leaving as being fired for gross misconduct.

Obviously if you have a friend there who will give you a false reference or otherwise sort it that you dont need a reference from them then its not much of a problem. In theory they could sue you for their losses caused by your breach but in practice its rare.

The really obvious question is why on earth did you take a job with an immediate start when you knew you had a 4 week notice? Really that is a fairly short notice and in most cases companies wouldnt have an issue waiting. Likewise you could probably negotiate down your notice period and have met somewhere in the middle

jobbingmusician

Takeaway_Addict wrote: »

If you leave without giving notice they could legally sue you for the costs incurred(but they have to mitigate their losses), it's unlikely and generally only for high end jobs but it can and does happen if the employers feel put out.

You also risk your reference and they could legally if requested say you left without giving notice.

It's a bad idea to burn bridges.

On the otherside, they HAVE to pay you for all holiday days earnt up until you leave. If you have taken to many they are entitled to take the amount required out of your last pay cheque

Of course they don't have to pay your for your holiday days! This may be what you meant, but if you leave with no notice, they can take your accrued holiday as part of your notice period. They do then have to pay you for this period, but as TA has noted, they could then deduct this pay again, saying that they incurred costs in having to replace you.

Takeaway_Addict

jobbingmusician wrote: »

Of course they don't have to pay your for your holiday days! This may be what you meant, but if you leave with no notice, they can take your accrued holiday as part of your notice period. They do then have to pay you for this period, but as TA has noted, they could then deduct this pay again, saying that they incurred costs in having to replace you.

However it's dressed up, any holiday earnt and not used at the point of leaving is payable.

Undervalued

jobbingmusician wrote: »

They do then have to pay you for this period, but as TA has noted, they could then deduct this pay again, saying that they incurred costs in having to replace you.

Well technically it wouldn't be lawful for them to make that deduction. That doesn't mean to say they won't though!

As others have stated above they could potentially make a claim against the OP for any unavoidable losses the breach of contract causes. However they don't have the right to simply make a deduction to that effect. If they did they too would technically be in breach of contract.

Two wrongs don't make a right. Nixon tried three but that didn't work either!