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.Can you please tell me how long have you been with your employer
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
By the way is the 6 month notice period contractual?
So you mean just leave now without working the remainder of the notice period?
As neither you nor the employer can be forced to enter into a settlement agreement, the main risk is that by leaving early you would be acting in breach of contract for not working through the contractual notice period.
The employer has the option of suing you to seek compensation for damages resulting from your 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. All they can realistically pursue you for is actual costs incurred from your breach, such as costs for getting a replacement on short notice. 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 you 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.