Legalities of serving notice period?

paradigm · 7 Oct 2008 at 11:06

Hi guys,
Does anyone know the details surrounding the legalities of serving (or not) your notice period at your place of work?

Cheers.

siclilmonkey · 7 Oct 2008 at 11:19

im no expert but i thought it was something like this

you work your remain weeks and get paid

or

you dont work your remain weeks and you don't get paid. (for the weeks you did not work)

but what do i know

paradigm · 7 Oct 2008 at 11:20

Don't get paid for what? Surely it is illegal for them to not pay me for hours already worked?

Fishman · 7 Oct 2008 at 11:21

I think you are obligated to work it unless :
1) They dont want you and put you on Gardening leave
2) You can come to an agreement with them where you dont work and dont get paid.

Russinating · 7 Oct 2008 at 11:21

Lose any benefits and chance of a good reference?

[DOD]Asprilla · 7 Oct 2008 at 11:22

paradigm said:
Don't get paid for what? Surely it is illegal for them to not pay me for hours already worked?

Depends upon the terms of your contract.

If you don't work the notice period then you are breaching that contract. The reprocussions should be stipulated in your contract.

paradigm · 7 Oct 2008 at 11:23

rghjones said:
Lose any benefits and chance of a good reference?

Had no benefits, and don't need the reference.

[DOD]Asprilla;12646940 said:
Depends upon the terms of your contract.

But what if they (the company) were already in serious breach of the terms in the contract, and these are the reasons I left abruptly?

Surely, if they have already broken the terms of the contract, they cannot expect me to adhere to my side of the deal?

[DOD]Asprilla · 7 Oct 2008 at 11:28

paradigm said:
Surely, if they have already broken the terms of the contract, they cannot expect me to adhere to my side of the deal?

Then read your contract and consult a solicitor if they withhold your pay.

I've walked on a contract before; the ammount of money involved meant it was easier to let it slide than drag it out.

Legally, two wrongs don't make a right, unless a judge says so.

semi-pro waster · 7 Oct 2008 at 11:53

As [DOD]Asprilla says it will still depend on the terms of your contract and if you are in doubt go and speak to a solicitor or at least the CAB. What you view as a serious breach may not be the view for someone external to the situation (I'm not asking for details, my view on the matter doesn't make much of a difference either) so be a little careful with your next steps - while I believe you that the company is in the wrong, don't put yourself in the wrong also.

Manlove is my forte · 7 Oct 2008 at 11:56

How much holiday have you got left?