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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Is not working any of your notice ( 4 weeks in this case) a

Resolved Question:

is not working any of your notice ( 4 weeks in this case) a breach of contract that an enployee has signed
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello why is the notice period not being worked?
Customer: replied 1 year ago.
the employee just handed keys and notice in to another member of staff and back dated her notice to terminate employment a week and shes not working the 4 weeks it states in her contract. says she does not have to when it clearly states and she signed in her contract it does. where do i stand with this matter .thanks
Expert:  Ben Jones replied 1 year ago.
If an employee does not work their contractual notice period then they would be in breach of contract. However, as an employer it is not that easy to pursue this. You cannot force the employee to work their notice period and the only thing you can consider is suing them for breach of contract and seek compensation for any losses incurred. You would need to justify any losses you are trying to claim and that is often not easy. Just because someone has left without serving notice does not mean you have suffered losses. If you have these would normally be costs associated with getting a replacement for them on short notice, but you must be able to show that a replacement was necessary and you will be questioned why you could not just spread the work amongst existing staff. Other costs could be if you have directly lost business as a result of them leaving and there was no way of avoiding that. Also consider that to pursue this you would need to take the employee to court. You will have to pay claim and court fees and there is no guarantee you will get anything back in the end. So you could end up worse off than you are now. Therefore, such claims are rather rare and employers do not often pursue them. It is up to you whether you do of course but bear the above factors in mind before you make a decision. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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