Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Will you be using the current employer for a reference?
No i will not use current as reference
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. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. 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.
Finally, there are circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc this reason can be relied on in order to leave with immediate effect.
The new employer should not find out about any issues from the current one, unless you used them as a reference so hopefully there should be no issues with that. The employer will have to issue you with the relevant forms, like P45, but if they refuse to or delay doing so, then you can contact the Inland Revenue directly to try and get these from them.
Hope this clarifies your position? If you could please let me know that would be great, thank you
What happens if i leave in the middle of the month suddenly. Could i secure my payment of the first half of the month. Or would he have the wright to withhold payments?
you would still be entitled to be paid for any time you have worked up to the date of leaving, unless there is a specific clause in the contract allowing the employer to withhold money for a breach of contract on your part
Does this answer your query?
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks