Would the NHS sue an employee (band 2 clerical/admin) who left without giving notice?

either_or_2

From what I've read, I understand that an employer can sue an employee for breach of contract if the employee leaves their job and fails to work the required notice period, and that the employee can even be asked to pay damages. But is it probable that the NHS would sue a band 2 clerical/admin person for failing to work their (one week's) notice?

Thanks.

Takeaway_Addict

i would say it's unlikely but it's poor form on the employee and likely to destroy any reference.

KiKi

Agree, it's unlikely, but not impossible. How long have you worked there? Is your work critical to the department?

either_or_2

Thanks both of you for replying.

KiKi wrote: »

Agree, it's unlikely, but not impossible. How long have you worked there? Is your work critical to the department?

I've been working there just over a year. I'm the only band 2 in my department, so they'd need to get higher banded people to help out until they found a replacement.

woolly_wombat

either_or wrote: »

But is it probable that the NHS would sue a band 2 clerical/admin person for failing to work their (one week's) notice?

First of all are you absolutely certain that you only have to give one week's notice? I should have thought that one month was more likely to be the norm - at least it is in the public sector that I inhabit (academy support staff).

Second, are you due any holiday? Is there any way that you could hand in your notice and take holiday owed as part of that notice period?

Third, are you a member of a union who could advise you of your rights re employment law? I joined a union in recent years for that reason, something I'd never have previously considered.

I'm guessing that something pretty awful must have happened to make you contemplate taking this action, or perhaps it's a classic case of the straw that broke the camel's back. Either way, take a deep breath and try and think of a solution that would avoid damaging your future ability to obtain a reference.

Good luck.

WW

jacques_chirac

I would be amazed if they did - the costs of litigation would far outweigh the cost of getting a temp to cover your work.

CCFC_80

jacques_chirac wrote: »

I would be amazed if they did - the costs of litigation would far outweigh the cost of getting a temp to cover your work.

The cost of bringing in a temp wouldn't cost the company a penny as the weeks salary to the temp would be equivalent to the weeks lost salary of the employee who left. As for the NHS sueing, Not a chance in hell due to cost in legal proceedings and potential bad publicity it might bring

pmd123

CCFC_80 wrote: »

The cost of bringing in a temp wouldn't cost the company a penny as the weeks salary to the temp would be equivalent to the weeks lost salary of the employee who left. As for the NHS sueing, Not a chance in hell due to cost in legal proceedings and potential bad publicity it might bring

Cost of a temp is WAY higher than the cost of a permanent member of staff, both in terms of financial outlay, but also time taken to show them the ropes, undertake mandatory training, role specific training etc.

OP - chances of the NHS suing you for failing to work your notice (I'd also expect it to be 1 month) - highly improbable, but not impossible. Chances of said employer giving you a good reference after failing to work your notice - also highly improbable.

FBaby

Cost of a temp is WAY higher than the cost of a permanent member of staff, both in terms of financial outlay, but also time taken to show them the ropes, undertake mandatory training, role specific training etc.

Indeed, if that was the case, NHS hospitals wouldn't be in the financial mess most are in currently!

I agree that suing might be extreme, however, it is quite likely that they will make payment demand, and potentially pass it on to a debt agency and that alone might not be a good move for you, in addition to the fact that it will show in any reference you get from them.

Wouldn't you better off discussing it with your boss. Many understand the issue and will try to show some flexibility.

ironpetal

I'm a band 3 nhs admin worker and I would have to give a months notice and I've only been permanent for 9 months. If you leave they might not give you any references except a generic one. You need to think of the bigger picture here for future employment.

ThemeOne

Even with references they would likely still provide a non-committal reference just confirming that you worked in the role and your start and leaving dates. This is all most businesses give these days (on paper, at least) whatever they thought of you.

Possibly if a new employer phoned them up and got to speak to the right person something less flattering might be said.