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

GreenTreen123

^this is why people don!!!8217;t believe people of work due to stress issues

Brynsam

RBFCC wrote: »

Y I don;t know if they can offer me the job role in writing and then retract it...

They certainly can - and the most you'd be entitled to is payment for what notice period your new employer would have had to give you if they'd sacked you on day one (assuming a valid contract is in force at the time - which is unlikely, since presumably references would still be pending and the offer would be subject to references).

SensibleSarah

Happened to a former colleague of mine. We were both leaving but I handed my notice in first and negotiated a 2-month notice period based on certain work being completed before I left (contract said 4 months) but as she handed her notice in a couple of weeks later, they wanted her to work her full period (3 months for her) so they weren't left short with me going until they hired a replacement. She left the same day as me (so about halfway through her notice) because the atmosphere was causing her a great deal of stress and they decided to take her to court. They had a full time solicitor on staff so it wasn't as much an issue of legal costs for them. They ended up settling for a payment of a few hundred quid (less than her wages would have been for that period) as she couldn't take the stress of the situation any longer and was petrified at the thought of court. However, they basically picked on her as an easy target in my opinion and to make a point perhaps?
As far as I know, they never did that before with anyone who left without working full notice, and they haven't done since. Very petty in this particular circumstance.

System

I had a contract with a 4 week notice period in my last job. When I handed my notice in I said to them that they could make me work the 4 weeks if they chose to but to be aware that that would be done with me probably spending all day sitting on the internet on Facebook or playing games and that the general poor attitude I would display due to wanting to be anywhere but there would likely have an effect on the rest of the workshop.

4 weeks turned into one week.

Undervalued

Yes, it can and occasionally does happen although it is quite rare for a case to actually reach court.

Far, far more common is that the employer simply withholds some or all of your final pay / holiday pay and effectively says "you sue us and we will sue you".

Be careful too of just intending to walk out after your salary lands in your bank account. If you are intending to do that make completely certain that you fully understand the rules about when BACS payments can be clawed back.

Keep in mind too that if your new employer has in any way enticed you to break your contract they too can be sued. Unless you are very special in their eyes they may simply respond to such a claim by terminating your new employment.

sangie595

It always amuses me how few people think it's fair that the employee should abide by their contractual notice, but the employer should. "i know you've worked for me for 20 years, but I really don't fancy giving you notice so get out". Fair or not?

gettingtheresometime

sangie595 wrote: »

It always amuses me how few people think it's fair that the employee should abide by their contractual notice, but the employer should. "i know you've worked for me for 20 years, but I really don't fancy giving you notice so get out". Fair or not?

Is there a typo in there Sangie?

sangie595

gettingtheresometime wrote: »

Is there a typo in there Sangie?

yep. Missed out a not. Guess where it went? People think employers should abide by contracts but employees don't need to if it isn't convenient.

Brynsam

sangie595 wrote: »

It always amuses me how few people think it's fair that the employee should abide by their contractual notice, but the employer should. "i know you've worked for me for 20 years, but I really don't fancy giving you notice so get out". Fair or not?

I think you'll find there are two good reasons for that. If an employer doesn't give the requisite notice, it is automatically wrongful dismissal and the employee can claim their notice pay very easily - much harder for an employer to sue an employee and usually not worthwhile unless the employee is very senior. Few sensible employers want to keep a reluctant employee around the place, so for many staff letting them go with less than contractual notice makes a lot of sense.

gettingtheresometime

Brynsam wrote: »

I think you'll find there are two good reasons for that. If an employer doesn't give the requisite notice, it is automatically wrongful dismissal and the employee can claim their notice pay very easily - much harder for an employer to sue an employee and usually not worthwhile unless the employee is very senior. Few sensible employers want to keep a reluctant employee around the place, so for many staff letting them go with less than contractual notice makes a lot of sense.

I can see what you're saying - I think the term you're looking for is demob happy - though I guess it depends on how lucky the employee is feeling to run the risk that the ex employer won't sue.