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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am still in my probationary period and my contractual notice

Resolved Question:

I am still in my probationary period and my contractual notice period is one month.
When I wished to hand in my notice my two bosses (the owners of the company) were on holiday. I handed my notice in to them when they got back (3rd June) and dated the letter the day I would have handed my notice in to them if they weren't on holiday (26th May).
In my letter I told them my last day would be 12th June. They were not happy with this and said they would incur costs if I left before my one month notice period.
Where do I stand? What is the worst that could happen if I just walked out?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have they said what costs these are?
Customer: replied 2 years ago.

Hiring a freelancer to do my work or sub contracting it out. There's hardly any work to do though!

Expert:  Ben Jones replied 2 years ago.
It is certainly not uncommon for employees to leave before the end of their notice period. I have seen this happen many times and to be honest have never seen the employer take any further action. They may not be happy with the situation and threaten to sue you for breach of contract but in reality that does not really happen. They would need to show that actual losses had been incurred, that because of your alleged breach they had suffered losses. So for example as you mentioned it could mean getting a replacement for someone to do the work you would have been expected to do had you not left earlier. They would still be expected to show that these losses were unavoidable and reasonable, so if they could have spread the work out amongst existing staff rather than getting someone in to do it then they would be questioned over the necessity of getting such a replacement. Also to pursue you they would have to take you to court, make the claim, pay the fees, and prove that they had a valid claim. Employers would avoid making such extra work for themselves and incurring unnecessary costs so that is why this does not really happen. So whilst there is always going to be a minor risk with walking out early, the reality is that this hardly ever happens.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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