Can You Really Get Sued For Not Working Your Notice Period?

RBFCC

Short version:
"I'm supposed to give six weeks notice to my current employer but my new employer wants me to start in three weeks. Do people actually get sued for not working thier full notice or is this an incredibly rare circumstance that maybe I should not worry about?"

Long Version
I've been working with my current employer for nearly seven years, by which the notice period set out in my contract says that I should give one week for every year I worked with the employer, technically meaning I should give six weeks notice (though verbally several months ago they agreed on a 5 week notice when I told them that I was thinking of leaving, more on that in a bit).

I have been offered a position at another employer, but they need me to start as soon as possible. I've managed to negotiate with them to perhaps start in three weeks so my current employer at least has some time to try and find a replacement. I've spoken to my current employer about this verbally and respectfully and he's agreed to come back to me in a few days with his answer. I'm hoping the answer will be "It's a shame that you will be leaving early, but I will accept a 3 week notice instead of 5"

However, I fear that his response will be the verbally agreed five weeks, or they may go and read the contract again and say six weeks. This really doesn't work well for my my new employer.

Just some back story to go with this for context: Several years ago I was forced to move from working from home for my current employer to moving over a hundred miles away to work in thier office. I was told that if I didn't they would fire me. This led to my partner and I moving a massive distance and it has been tough as we have been away from family and friends. About a year ago I decided to move back to the location of my family and friends so my partner would be much happier. Unfortunately this has resulted in 5 - 6 hours a day of commuting and over £500 a month in car fuel. This often means after the commute and office hours I have one hour a day when i get home of free time before I need to sleep. While my partner now is much happier, this amount of stress, lack of downtime lack of any finance and living in a single room in my partners parents bedroom with a baby due in two weeks is causing quite a considerable amount of negative effects to my mental well being.

I spoke about these to my employer, asking to work from home as I originally did when i first worked at the company, this was rejected. I continued to push, reducing number of days to the point where i said "ok, can i work from home for just one day a week" this was rejected as well. The reason for this decision was because my employer feared that other members of staff would want to work from home too and they would be upset if I was given special treatment. I don't particularly feel that this is a good enough reason, but has led to some rather spectacular breakdowns over the last several months and has caused severe mental and physical issues for me as I try to tackle this workload and distance.

My doctors know about it, they can offer me medication, they classed me as depressed and stressed but they bluntly told me that they don't really think they can do anything because the issue is with my current lifestyle and employment conditions. They offered to write a letter to my employer to tell them about my mental wellbeing but I rejected this as I do not feel that this would go down well. The Doctor also said if I ever find another job they will be happy to write a sick note which will cover my notice period.

So, with the the back story and such out of the way... The new job is doing the same job I do right now, offers the same salary and is fifteen minutes commute. You can imagine how important all of this is and I do not want to do anything that will mess up my chances with this new employer. The new employer is aware of many of the above, and we've even discussed that if my current employer does not give me a reference, I have several other great colleagues who have offered to give me a reference and I have in writing that this would be accepted in writing by the new employer.

So, hopefully, my current employer gives me what I have asked for respectfully and then everythign is right with the world. But if he doesn't I'm very tempted to just leave in the next three weeks without doing my full notice. I hear people being sued or such or having holiday pay removed, but does this actually happen? Or is this some sort of legal route that employers never actually take. I am not in a healthy state right now and this new job is an opportunity to make myself more mentally stable, more financially stable and will be an incredible opportunity for me to spend more time with my first child who is due in a couple of weeks.

I have the ability to talk to the doctor again to get me a sick note to cover the six weeks notice. but that does not fix the issue with the new employer wanting me to start in three weeks as there will be cross over with employment and I fear that is a whole can of worms I don't want to even begin to open!

So if you know of any issues that can occur based on not fulfilling your notice period fully, like being sued etc. I'd love to know. because right now, I don't think I actually care what happens as long as I can start the next job in a few weeks. if I'm going to be sued for the cost of hiring a replacement for that period of time, I'm actually thinking that's a small cost to pay for my future well being.

Sorry for the incredibly long post. A lot of stuff to deal with but google searching this is offering a bunch of contradictory beliefs and statements but I'm finding it very difficult to actually find anyone who has been sued by their company for not working their notice period. Any thoughts would be awesome! Thanks!

marlot

Only read the short version, but yes it can happen. It happened to someone I recruited, who didn't want to give any notice - his previous employer had a history of not paying staff their last month's wages.


He lost.


But it might be a chance that's worth taking. Or try to negotiate a satisfactory win:win. I remember leaving one employer early on the understanding that I'd come back for a couple of days further down the line if needed.

JReacher1

Yes you can get sued for any losses but in reality it is unlikely.

[Deleted User]

Agreed.

Legally...yes.

Realistically..probably not.

[Deleted User]

RBFCC wrote: »

Short version:
"I'm supposed to give six weeks notice to my current employer but my new employer wants me to start in three weeks.

So, hopefully, my current employer gives me what I have asked for respectfully and then everythign is right with the world. But if he doesn't I'm very tempted to just leave in the next three weeks without doing my full notice. I hear people being sued or such or having holiday pay removed, but does this actually happen? Or is this some sort of legal route that employers never actually take.

!

Real lifer here - who left week 3 of a 4 week notice period, I was deducted £433 odd (it was a week's wage and holiday pay loss) it was put on my payslip so in reality I just show that and other employers down the line have known/decided to not approach them for a reference.

Are you sure you want to be running so quickly at whatever cost into a new job if you currently feel bad? Will your new employer not get wind of your health? Will you cope when your new colleagues make it clear you started sooner so they can go off on holiday/call in sick? (As the new person that may not be the luxury to you for some time either)

Again couple of weeks ago I turned up to a new job not being ready and knowing the terms were the most severe to date (two months notice to the desperate/not sure how it was ever really negotiable, so when you walk in and know you've made a mistake) it goes without saying the first week turned in to a week's unpaid trial. My consolation right now is knowing I won't be arguing with them in a few week/months/years that I signed to 8 weeks.

All you can do is hope the current employer lets you off. Be relaxed about it, not demand.

Brynsam

One issue which is frequently overlooked is that if the new employer knows you are on a particular notice period, and encourages you to breach your contract by not working the full notice period, your current employer can act against your new one. Is it likely here? Sounds as if you are relatively junior, so no - but I've certainly seen it with senior level individuals and it gets expensive and messy.

Talk to your current employer and try to negotiate a shorter notice period. If they won't, I'm sure that if your new employer is that keen on you, they'll wait (if not, do you really want to work for them?).

gettingtheresometime

There was a thread on this board many moons ago where someone was being sued by their employer for not giving the correct notice.


No-one can tell you 100% that it won't happen in your case - I guess it depends on how your employer feels about you going generally.


The other thing that springs out to me is that in a couple of weeks you're due to become a father - are you planning on taking paternity leave and if so does your new employer know? If they aren't happy to wait for you to fulfil your notice period are they going to be happy if you want to take your fortnight's leave almost as soon as you begin?

RBFCC

gettingtheresometime wrote: »

The other thing that springs out to me is that in a couple of weeks you're due to become a father - are you planning on taking paternity leave and if so does your new employer know? If they aren't happy to wait for you to fulfil your notice period are they going to be happy if you want to take your fortnight's leave almost as soon as you begin?

Ah I'm not going to be taking any Paterinty leave because it is about £140 a week, and well, I did have an agreement in place with my current employer that I'd use my holiday instead of Paternity because the sheer cost of driving to the office every day is putting me into debt. So nope, likely I won;t be taking any time off.

gettingtheresometime

So have you got any holiday that you can use to shorten your actual working notice period?

RBFCC

Brynsam wrote: »

One issue which is frequently overlooked is that if the new employer knows you are on a particular notice period, and encourages you to breach your contract by not working the full notice period, your current employer can act against your new one. Is it likely here? Sounds as if you are relatively junior, so no - but I've certainly seen it with senior level individuals and it gets expensive and messy.

Talk to your current employer and try to negotiate a shorter notice period. If they won't, I'm sure that if your new employer is that keen on you, they'll wait (if not, do you really want to work for them?).

Yeah, the new employer has never asked me to breach my contract, they have something launching very soon and the only concern was my notice period (of which I told them is five weeks). I've told them I'll talk to my current employer about and see if I can shorten it. But we'll see where it goes. I don;t know if they can offer me the job role in writing and then retract it...

MovingForwards

Yes it can happen, i've been threatened with it. It was my first paralegal role while qualifying (lawyers huh!) They took me back on after a few years and my interview consisted of the same partner saying hello, asking how I am and commenting I had changed since I last worked there.

Oddly enough I ended up quitting and giving them two weeks notice, partners got tetchy with me. I spoke with HR and my contract was mutually terminated.

You dont even have to tell your current employer you found a local job...but if they get tetchy with you explain the knock on effect with your health due to long hours/commute and you cannot physically do it anymore else you will be signed off.....