Working your notice at work

If you get offered a job but they require you in 4 weeks but your contract states 12 weeks notice what can you do if your employer won’t budge

What’s stopping that individual purposely getting the sack so he can leave early

I know it’s on your record but can the company still she you

Lad at work just done exactly this hahah

Told director to Fuk off

 

You can do what you want.
You can also re-negotiate the period of notice if it suits you both.

 

You will just loose back pay and holiday pay you are owed if you dont work ur notice. Depends how much they owe you if its worth leaving early or not......

 

You can just walk out and they can’t touch you for it.
Anything earned upto the date of leaving including accrued holiday pay has to be honoured and paid.

 

I think they can also impose the notice - meaning you couldn’t start the new role until this period has expired.

Could leave any new employer on a ‘sticky wicket’ if they let you start during this time.

 

Take care on the dismissal route, many employers offer jobs based on the assumption that references from previous employment will be satisfactory, in my time I have seen people who started with the company laid off after a few weeks as references were unsatisfactory.
( ie told boss to F off )
Better to use the early leaving route as at least the new employer will understand you did it to join them, as Brampton tyke said loss of holiday pay and back pay would be the penalty...

 

That’s completely incorrect

 

Again incorrect.

Notice periods aren’t really worth anything anymore.

It’s a gesture of good will to work them though.

If you have a competition clause in your contract, stopping you from working in the industry, then they can take you to court, however this really only happens in senior leadership roles. It’s just not cost effective for junior roles.

 

All of the above is correct, in addition for the non competition, it is almost impossible to enforce this in any position due to the legislation that states every person is entitled to work for a living. I ran a company with over 180 staff and we trained everyone up, how it was explained to me by our Solicitors was if someone joined, got trained and then left almost straight away you could win based on the investment you have made, however if that person worked say 2 years you couldn't. However if when you leave you complete a leavers interview and you sign it and in there it confirms you will not start up in competition for a period of time, you can be successfully win in court.

 

It usually depends on the position, more senior the roll the more likely the company are to require a longer notice, for example a management roll would usually require a minimum 3 month notice period opposed to a lesser roll, i.e factory floor worker usually only have to give 1 week, especially if paid weekly, staff on monthly pay would have to work a month, but it really is dependent on each companies internal policies

 

Two things.

1: I do recruitment at work and if somebody was prepared to disregard their contract with their current employer I would wonder if they'd do it to me.

2: If somebody is right for the job and I want to offer them a role then I will wait for them to serve their notice period.

The longest I've had to wait is eight weeks so not quite as long as your example but unless there were circumstances that dictated otherwise then the principle would stand.

 

Agree with this, I had to give 6 months notice and a new employer wanted me to start earlier, my current would not allow me as they had to recruit and I had to train before I left, the new employer waited and actually said respected me more for honouring the contract even though I could have said stuff em

 

If notice periods aren't worth the paper they are written on then why do we have them. Its part of your contract and terms of empolyment. Of course they can stop ur pay and holiday money if you dont work ur notice of a signed contract. I think people on here just like to argue for arguings sake.....

 

Totally wrong, I’m afraid, if you have accrued holiday pay and working hours pay that have to by law pay it.
If you leave early technically you could be in breach of contract however, unless the company can prove financial loss to the company they cannot sue you for breach of contract successfully. They could however apply for an injunction at their cost to stop you working until your notice period is over, so again highly unlikely unless you are in a very senior position.

 

Stop arguing when you are wrong then.

I’ve been on a plethora of employment law courses, managed teams of 200 people in large corporates and also consult businesses on HR and Business efficiency.

I think I know what I’m talking about and have worked with some incredibly talented HR people in the past.

My wife also works in a senior HR position for one of the countries biggest companies.

 

Dunt stop you being a condescending d**k tho does it!! Ive worked in retail all my life and i know that if someone leaves without working their notice they wont get paid fully what they are owed. Get over yourself!!

 

Sorry but I think you're wrong on this too.

If someone leaves three months early then of course they wont get that three months' pay, but anything they've accrued up to that date they are entitled to by law - they werent "owed" that three months' worth of money in the first place though as they didn't work it.

If they've taken too much leave for the year (i.e theyve had more than 50% of their A/L in the first 6 months of their allocation period) then that can be docked from their final pay packet as they aren't entitled to it.

I'm not sure why you are getting annoyed with TN as you've presented a completely incorrect point as fact, then said you're not sure why people argue for the sake of it, then have been abusive to him?!?!

 

If that has happened to anyone then its illegal, regardless of circumstances you must be paid for all hours worked and holidays accrued.

 

Also its "lose"

 

I’m really unsure why I received the vitriol but I’ll also answer just for the sake of the debate.

In terms of notice period that is there to protect the employee so the company can’t just get rid of someone for no reason without having to pay a notice period. That’s pretty much the only reason that’s legally binding.

Now when someone leaves, whether that’s in the notice period or not, then they must be paid for all salaries, expenses and commission up to the date they left. Companies cannot stop money owed.

Most companies try to stop paying commission and this even includes end of year commission when someone only works a certain period and leaves before it is due to be paid. This is again illegal.

If any company attempts to not pay your commission for leaving, I suggest taking legal advice from ACAS. This happens a lot and employees tend to just accept it. Companies will say it’s in your T&Cs and contract, for instance ‘commission is paid at the discretion of the company’ etc but this is actually a pointless statement within a contract because employment law states that if you are furnished with a commission structure you must be paid what you have earned up to the point of termination of employment for whatever reason, although gross misconduct for fraudulent sales practices might alter the result somewhat, if the commission was earned fraudulently.

The point of all this is to just show that everything must be paid. The notice period or you working it is irrelevant. Even commissions are earned must be paid, so definitely salary and accrued holidays should be.

If you have ever left somewhere and not been paid your dues, then I’d advise getting legal advice from ACAS.

If you are an employer and you are following bad practice then put it right before someone takes you to court for damages. You’ll lose a lot more than you’ve gained.