Not working your notice period....

R.O.S.S.I · 30 Mar 2011 at 17:23

Can an employer do anything if you do not work your notice period?

I.e - potentially got a new job which could want me to start with a week or 2 notice, and my current notice period is 1 month.

Could my current employer do anything, such as withold pay or such like?

What are the likely repurcussions?

Cheers!

Efour · 30 Mar 2011 at 17:33

http://www.direct.gov.uk/en/employment/redundancyandleavingyourjob/dg_10026689

not sure if 100% what you want but i guess you will forfeit all of this for starters.
They might also give you a crappy reference if vindictive enough.

UnworthyBean · 30 Mar 2011 at 17:38

Pretty sure you can just leave, however they will most likely give you a bad reference if asked.

Cyclone · 30 Mar 2011 at 17:41

If you dont work your notice then you are in breach of your contract. Then any money owed, ie Holiday pay, you may not get and there is nothing you can do. You will/should be entitled to any money for hours you have worked.

Most new employers know the situations involved with other company's and should agree to your 1 month notice.

My job is weekly pay and if I leave I have to give a months notice

Also there's the saying about burning bridges. The new job might not be what you was expecting and you will have no chance getting your old one back (if you wanted to go back).

-westy- · 30 Mar 2011 at 17:46

UnworthyBean said:
Pretty sure you can just leave, however they will most likely give you a bad reference if asked.

Companies aren't allowed to give a bad reference, but can just refuse to give you a reference - which to be honest, is as good as a bad reference

semi-pro waster · 30 Mar 2011 at 18:31

-westy- said:
Companies aren't allowed to give a bad reference, but can just refuse to give you a reference - which to be honest, is as good as a bad reference

Companies can give you a bad reference - it simply has to be factually correct and they must be willing to prove the veracity of their assertions about you if asked. Now most companies are unwilling to risk being forced to prove it, that much is true but don't count on them not giving you a bad reference if it is justified. If a company wanted they could say "SPW is a workshy slacker who has never showed up for work on time and he fiddles his expenses" - provided it is true then they can say that, if it isn't true then I can sue the pants off them...

You're right that more than likely the reference will either be a simple confirmation of dates worked and possibly job role etc or no reference if it is bad but equally good references now are rather more rare from companies because of the risks from giving a good reference and someone potentially not living up to it.

Vonhelmet · 30 Mar 2011 at 20:08

As spw said, they can give a bad reference, but you could technically them sue for libel/slander and loss of earnings if you struggled to get a job. No reference is not a good thing either, as there'll be a lot of questions about why you didn't get a reference, and the prospective employer will then just call your previous employer off the record and get the truth anyway.

Just tell the new employer when your notice period ends or ask your old employer if they can cut your notice period. Either option is vastly better than not working your notice.

mbmbmb · 30 Mar 2011 at 21:23

I did this once due to being offered a big opportunity but they needed me to start in 1 week and was over 200 miles away so had to relocate.

I accepted the job on the understanding that my current employer would not be happy and could quite possibly give me a bad ref. I couldnt get that in writing, but they said yes and took their word for it.

I lost out on 4 days hols, and although i felt bad about it. I was sure it was the right decision.

10 years later, I still think i made the right decision.

JHeaton · 30 Mar 2011 at 21:25

-westy- said:
Companies aren't allowed to give a bad reference, but can just refuse to give you a reference - which to be honest, is as good as a bad reference

Where does this idea come from? :confused:

Genuinely interested in an answer.

CRUMPLYPORK · 30 Mar 2011 at 21:27

I did this and they deducted money from my wage for holidays

matthab · 30 Mar 2011 at 21:40

If you have any outstanding Holiday just book it off.

physichull · 30 Mar 2011 at 21:43

Yes work it.

A guy I knew had handed in his notice and basically stopped working and failed to complete a report. The company he had just got a new job for gave him a rollocking on his first day and made him go back and finish his report for his previous employer.

So yes, always work your notice period.

div0 · 30 Mar 2011 at 21:47

JHeaton said:
Where does this idea come from?

Genuinely interested in an answer.

It comes from the fact that most companies won't give you a bad reference, for fear that what they say is unlawful.

People mistake this as, 'they can't give a bad reference'.

physichull · 30 Mar 2011 at 21:49

div0 said:
It comes from the fact that most companies won't give you a bad reference, for fear that what they say is unlawful.

People mistake this as, 'they can't give a bad reference'.

This is generally true, but they can use language to word the reference to reflect poorly on you, without directly saying so.

div0 · 30 Mar 2011 at 21:57

physichull said:
This is generally true, but they can use language to word the reference to reflect poorly on you, without directly saying so.

Of course. But some prefer not to even risk that.

If you're a bad worker and you've left the company, then they probably don't care what you do next. So a lot of companies don't want to get involved. They'll just choose not go out of their way to give you a glowing reference.