What can happen if you don't work your notice?

BrookesAndrew

Hi there,

What can a company do if you hand your notice in and they say you have to work a 4 week notice but you don't work it. Obviously you wouldn't get any pay but can they take money from you? Could they write to you and say that you owe them money? I heard from a friend that a place of work could sue you for the money it costs them to fill the position with temp staff? Any help on this would be great.

Thank you.

Mr.Generous

Your friend is right, but its unlikely. They can also give you a factual reference which could say "Andrew failed to meet his contractual obligations while working for us" or something to that effect.

They could also do the informal telephone call reference where they don't want to put anything in writing but you mysteriously don't get the job you were about to land.

Exodi

Your friend is technically right, they could raise a civil court claim against you for any losses they have incurred as a consequence of you not working your notice (having to hire temp staff being a good example) but the cost of raising such a claim often outweighs the financial lost so this route is rarely followed.

Mr.Generous puts it best, I wouldn't rely on them providing a reasonable reference if you go AWOL.

Undervalued

Exodi wrote: »

Your friend is technically right, they could raise a civil court claim against you for any losses they have incurred as a consequence of you not working your notice (having to hire temp staff being a good example) but the cost of raising such a claim often outweighs the financial lost so this route is rarely followed.

Mr.Generous puts it best, I wouldn't rely on them providing a reasonable reference if you go AWOL.

Indeed.

Plus, if the employer intends to be difficult you may find they withhold the final pay and / or any accrued but untaken holiday. Technically they have no right to do this but it can degenerate into a case of "you sue us and we will sue you"!

TELLIT01

They could come after you for any overpayment of holiday and, in theory, they could sue you for any financial impact on the company although that is highly unlikely.
They could also refuse to provide a reference, or maybe respond to the prospective employer by actually stating they will not provide references for anybody who leaves without fulfilling their contractual notice requirements. The second option is perfectly legal and would almost certainly effect the chances of a job offer.

BrookesAndrew

Thank you all for your help with this.

Handed my notice in today and was just curious of what would happen if I didn't work my notice.

[Deleted User]

Withhold of holiday pay, anything you’ve agreed by signing the contract really. No reference. Dismissed in absence etc.

I did this 5 years ago learnt the lesson, would never do it again. No matter how desperate.

The company advertise even better jobs now too, but, it’s a pipe dream to go anywhere near applying. That’s the real lasting consequences later down the line.

spadoosh

Id expect them to make a few 'mistakes' with any money owed. So things like holiday pay, overtime etc etc. 'Whoops made a mistake, cant put it through till next payroll' kind of things. It depends how much they like you and how much trouble you cause i suppose. Realistically its very rare a company will sue for having to hire a temp.

New_and_Improved_Me

BrookesAndrew wrote: »

Hi there,

What can a company do if you hand your notice in and they say you have to work a 4 week notice but you don't work it. Obviously you wouldn't get any pay but can they take money from you? Could they write to you and say that you owe them money? I heard from a friend that a place of work could sue you for the money it costs them to fill the position with temp staff? Any help on this would be great.

Thank you.

It all depends on the employer.


Many MANY moons ago when I was young and a little stupid.


I was working in a call centre (My first full time job - as well) I got a better job offer.


One of the condition from the new employer of the offer was that I started within 2 weeks but I was on a 4 week notice as a Call centre.


I stupidly, called in sick the last 2 weeks and started the new role, still having 2 weeks left at the old employer.


Needless to say, when the reference was requested and start date was disclosed, there were some VERY difficult questions to answer.


I kept my new job by the skin of my teeth, would NEVER do that again though and when I left the new job some years later I gave then 3 months notice that I was looking for a new job and would be leaving.

SensibleSarah

A former colleague worked less than half of her notice period (2 months) and the employer decided to take her to court over it. There had been occasions previously and since that they didn't do this with other people, so can only conclude it's because they felt that she was an easy target (young and scared) so they wrote legal letter after legal letter (they had a solicitor in-house) until they wore her down and she eventually settled out of court just before it got there. Was less than £1,000 she had to pay (freelance costs to cover her work for a few weeks), but when you've got no savings - it's a lot!

So if your workplace seems petty - they can pretty much take you to the cleaners. Most wouldn't bother though.

BrookesAndrew

Thanks everybody for their comments.

I will definitely be working my notice period!