Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for and what is your contractual notice period?
I have worked there since May 2013 and my notice period is one month.
Sorry, I forgot to say... Hi Jenny
It was originally only a temporary position for 12 months but got changed to permanent after I had been there a year
Apologies, my notice is 4 weeks
Is your employer likely to suffer a financial loss if you fail to work your notice period?
I don't believe so. They have coped without me over month end before so I doubt they would hire a temp
Ok many people do leave work without giving their contractual notice. Other than not being entitled to being paid notice money in these circumstances, there is nothing an employer can do about it unless they suffer a financial loss. This is because whilst it is a breach of contract the only action would be for damages for losses resulting from the breach. If the employer does not suffer a financial loss they cannot sue you.
You can therefore write to your employer saying you cannot come back and that you will not be working your notice and wish to resign with immediate effect.
Please do let me know if you have any further questions about his situation.
If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
If I then need to use them as a reference for a future job would they tell them I had done this?
Hi yes they can do as it is truthful, this is the small risk that you do take if you do this but, as I have said, it is not uncommon so it is unlikely to worry a future employer too much. They are not entitled to say anything untruthful about you in a reference.
Would I need to explain about the last 3 weeks I have had off?
Perhaps try to get a doctors note?
Do you mean to your current employer?
If you are leaving there is no real reason to do so unless you particularly want to.
Ok, thanks for your help Jenny. Do you think an employer would bother to hire a temp just so they could sue me for the cost incurred or would it be too much hassle for not very much gain?
I think it is unlikely, especially because if they are not paying you the temp fees are not the full cost. It would be the temp fees minus your normal salary which is not likely to be enough for them to bother with (if anything).
Ah ok I see. Thankyou.
No problem. Please do remember to rate my answer and all the best for your future. Do come back to me in the future if you need to.