How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48202
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I am employed as a hairdresser in a salon. I am on a salery

Customer Question

I am employed as a hairdresser in a salon. I am on a salery and I am payed 4 weekly. I am not on a contract. I am going to leave the company and because I will have to be tactical with timings about calling to inform clients it would benifit me to NOT work my weeks notice. I have been told that though I am not on a contract I still have to work a weeks notice.
As I am leaving on my pay day and also I will be owed no holliday can you tell me what the consequences of not giving my weeks notice may or may not be. Would he be able to sue me for a weeks loss of takings.
Many thanks, Mark
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 for?

Customer:

about 4 years

Ben Jones :

If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. If no contractual notice period clause exists, an employee who has been continuously employed for at least one month is required to give a minimum notice period of one week in order to terminate their employment.


 


Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract or unlawfully. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. So 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 likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their 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 early, that is still a possibility, subject to the risks identified above.


 

Customer:

That makes perfect sense. As my boss is a very bitter man I think i will have to find a way of giving my weks notice to prevent the chance of him suing me. thankyou very much

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