So a few changes have happened at work and a number of people are leaving. I believe some of them have got a 3 month notice period on their positions (even for a junior support person), the aformentioned jnr support person asked in their letter of resignation if the notice period could be reduced and they cover untill Christmas. What would be the employers position & the employee's position say if the employee refused to work the 3 month notice period. I understand the employer could take legal action, but what could they actually take?
Employment Notice Periods
- Thread starter gigeorge
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I believe legal action can only be taken against the employee if the company can prove they are taking financial hits as a result of that member of staff leaving prior to the completion of their notice period.
I'm in no way experienced in this at all, but it's what I've heard during conversation with a new colleague.
Aside from that, the company would just refuse to give a reference I'd imagine.
I'm in no way experienced in this at all, but it's what I've heard during conversation with a new colleague.
Aside from that, the company would just refuse to give a reference I'd imagine.
Soldato
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What does their contract state is it three months
Generally monthly paid = 1months notice
Generally monthly paid = 1months notice
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It can be dependant of their contract.
and / or if they go off and work for a direct competitor during their supposed notice period.
... followed by being immediately fired. Great idea?
Soldato
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I've known many people to do that despite their contracts saying 1 months notice. The employer can take legal action but most will not as it takes up time and resources.
I freelance for a restaurant and they have staff coming and going every month none have never stood by their 1 month notice period.
I freelance for a restaurant and they have staff coming and going every month none have never stood by their 1 month notice period.
I thought the whole point was that they didn't want to serve their notice period? So, problem solved...
When you put it that way!
Yes, because that wouldn't have any legal ramifications whatsoever now, would it?
They couldn't legally withold pay for hours worked, surely? Commence legal action (breach of contract) at a later date to recoup any monies lost as a result of an employee leaving early, maybe, but that's a separate issue to paying someone for hours worked.
And as for a junior role - what sort of financial loss could an employer reasonably attribute to such a person leaving early? Even if they had to employ someone else to cover the leaver, they'd probably be paid a similar wage to person that left, if not less; so there'd be no losses there.
I wouldn't have thought any action would be (financially) worth their while in such circumstances.
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Not a wise move where networks are concerned...
No for any time you have worked they will have to pay. If you refused to work they could send you home then sack you. You would then not get any redundancy pay and/or you wouldn't get your notice period pay.
I had that problem with my redundancy. I had to wait to be made redundant before taking the other job just so I would get my pay out and still get paid for my notice period.
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The only likely sanctions would be that (a) the employee would simply stop being paid from the moment they decided to stop attending (there is a slight risk that their contract contains a clause permitting deductions relating to unserved notice periods but they are rare); and (b) the likelihood of receiving a positive reference would be minimal in the extreme. Clearly, (b) could be rather problematic for securing future work.
Theoretically, the employee could be subject to a civil action for breach of contract and be liable for damages relating to the cost of employing a replacement at short notice. However, this is an unlikely scenario for a junior employee due to the cost of such an action and complications surrounding the necessity to prove actual financial loss. In any case, 3 months is likely to be considered an unreasonable notice period.