Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
about 4 years
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.
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