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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47345
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I would like to know what my current company can do legally

Resolved Question:

I would like to know what my current company can do legally if I decide to leave without staying throughout my notice
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

Customer:

HI Ben,

Customer:

I have worked 6 months and given them 14 days

Ben Jones :

what is your contractual notice period?

Customer:

30 days

Customer:

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 of
salary that would otherwise be due to you.

Customer:

from my contract

Customer:

Aside from not paying me, can they take any legal action?

Ben Jones :

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.


 

Customer:

ok, two sub-questions

Customer:

Would it legally make any difference if I leave immediately after handing in my notice?

Customer:

rather then staying the full 14 days and then leaving

Customer:

question 2:

Customer:

I never signed my contract but I have worked under it so to say, does that make any differance?

Ben Jones :

1. It would make no difference - you would still be acting in breach of contract

2. Unlikely, even if not signed, the fact you have worked under its terms would imply you had accepted it

Customer:

Ok, thanks for answering my questions

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best

Ben Jones and 3 other Employment Law Specialists are ready to help you