Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there and how much notice have you given?
I have worked 6 months and given them 14 days
what is your contractual notice period?
By the Employee:You may terminate your employment by giving the Company not less than 1 months notice in writing.In the event that you fail to give proper notice the Company may refuse to pay to you any arrears ofsalary that would otherwise be due to you.
from my contract
Aside from not paying me, can they take any legal action?
If there is a written contract in place and it contains a specific notice period, the employee will be contractually bound by it. If the employee fails to honour this notice period then technically they will be acting in breach of contract. The employer can then make a claim for breach of contract and seek compensation for damages resulting from that breach. These would usually include costs associated with getting a short term replacement if needed. However, such claims are very rarely made. This is mainly due to the costs and time required to do so, plus the uncertainty over the outcome. Whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more probable outcome would be that the employer refuses to provide a reference in the future or if they do, it may mention that the employee had left in breach of contract.
It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible, and there is a pressing need to leave immediately, that may be the only option, subject to the risks identified above.
ok, two sub-questions
Would it legally make any difference if I leave immediately after handing in my notice?
rather then staying the full 14 days and then leaving
I never signed my contract but I have worked under it so to say, does that make any differance?
1. It would make no difference - you would still be acting in breach of contract2. Unlikely, even if not signed, the fact you have worked under its terms would imply you had accepted it
Ok, thanks for answering my questions
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