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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49510
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My question is around notice period following a resignation.

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My question is around notice period following a resignation. I want to know what the options are with respect to giving 1 day's notice.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for your employer for?

Customer: replied 1 month ago.
Hi Ben, Thank you for your reply I have been working at my employer for 6yrs.
Customer: replied 1 month ago.
The usual notice period is 1 week for each yr of service. But I want to know how to go about leaving sooner. Is this at the employer's discretion? Or is it in my hands, and only a case of losing 1 month's pay?

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. If there is a written contract in place and it contains a specific notice period clause an employee must give if they wanted to resign, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period they will be acting in breach of contract. Whilst no one can physically force them to work through their notice period, it would instead allow the employer to sue them for compensation for losses/damages resulting from their breach.

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. The employer has to show that actual losses have been incurred and often that is not easy to do. The most common damages they would claim for are if they have to engage temporary cover for the employee’s duties and the extra wages they have to pay them or recruitment fees for recruiting a replacement at short notice.

So whilst there is no way of predicting whether the employer will take this any further, 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. However, if there are genuinely no such serious issues which have prompted your departure you cannot rely on that.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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