Quitting without notice?

26
Found 25th Nov 2011
I am on one months notice and a situation may come up in which I will leave without giving notice.

My contract says 4 weeks. If I just leave what could happen?

Just won't be paid and then get a **** reference..

Or


Could they sue me for potential losses that the company may then attribute to me leaving without notice?
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No pay rubbish reference. That's all
Banned
banged up for 12 months on G-Wing minimum.
I'd try and get them to agree to you leaving immediately before just doing it. If you have a good reason for needing to leave right now, then they might understand and waive your 4 weeks notice. If you just up and leave then the best you'll come out of it is with a bad reference. I doubt they'd sue, but would be within their rights to peruse legal action if you put them at a loss.

Obviously you wouldn't be paid from the day you leave, but they can't withhold any money that you earnt whilst still working there.
Edited by: "oldmanhouse" 25th Nov 2011
It happened to me, i left to go to another job, got paid, reference was ok because new company new the process i was going through (redundancy).
I also got my full redundancy as it was deemed unfair by my employers at the time for me to lose out on a job that was going

Speak to them and share your concerns, most will understand. This is what i did, sorry didnt mention that above


Edited by: "simplex" 25th Nov 2011
Breach of contract by an employee
If you breach your contract, your employer should try to settle the matter with you informally. If your employer suffers a financial loss because of your breach, they could make a complaint for damages against you.
Your employer would normally use a county court for a breach of contract claim. The only way your employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that you have made.
Damages are only awarded for financial loss. For example, if you don't give enough notice your employer could claim for damages from the extra cost of hiring temporary staff to do your work, or for lost revenue. You would still have the right to wages you earned before you left, plus pay for untaken statutory holiday.
The most common breaches of contract by an employee are when you quit without giving (or working) proper notice, or when you go to work for a competitor when your contract doesn't allow it.

Depends on how important you are i suppose to the company are you quitting to go straight to another job or other reasons suppose on the circumstances on how your employer will react.
gbspurs

No pay rubbish reference. That's all



Not allowed to give a bad reference

They could decline to give one, which of course implies it is bad
Banned
http://profile.ak.fbcdn.net/hprofile-ak-snc4/50281_235594566724_5495148_n.jpg
I didn't say bad reference I said rubbish one. As an employer if I see a reference with next to no info on and no specifics on how they have done its the same as if it was a bad one!
I'm guessing it might depend on the job you are currently in...?
Go sick, get paid
Leave job due to health issues,
Start new job,
Hope previous job doesnt find out if they do plead insanity
Original Poster
Cheers for the advice guys.. Will make a case that they are negligent and employed me with no job description etc.... HR will fit if they knew, best for them to let me go, or I would be stubborn..

Ta
They could take you to court for breach of contract. You have an obligation to fulfil your contract. Contracts work both ways.
Edited by: "jonny619447" 25th Nov 2011
Original Poster
jonny619447

They could take you to court for breach of contract. You have an … They could take you to court for breach of contract. You have an obligation to fulfil your contract. Contracts work both ways.


Not if I feel a little poorly...
jonny619447

They could take you to court for breach of contract. You have an … They could take you to court for breach of contract. You have an obligation to fulfil your contract. Contracts work both ways.

Could they sue me for potential losses that the company may then … Could they sue me for potential losses that the company may then attribute to me leaving without notice?



Then why write things like



in the op.

Yes you can cheat the system, but if they find out your working for another company when you were supposed to sick then they could still take you to court.

Basically this thread asking for advice is a waste of time.

Banned
I tell you what will happen.

The CEO will turn up at your house in his Phantom.

He will then get his hired goons to put you over his lap and he will spank you accordingly to your minimum notice period, as listed within your contract.

My advice...........start butt exercises now.

HTH
I don't believe in dishonesty in this situation.

I would just be honest and explain why I can't stay the notice period. Then just leave it at that. I doubt they would sue you unless you did something dishonest and you have loads of money.

I doubt you're the MD so I guess you're pretty safe.
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deleted265520
inb4 screen shots of this thread and forwarding the to the OP's boss.
Original Poster
I would not be working for another company, just can't be doing with working my notice and training a replacement..
Chiptivo

I would not be working for another company, just can't be doing with … I would not be working for another company, just can't be doing with working my notice and training a replacement..



I don't think this will work unless you have your current employer's agreement as they will refuse to give you a reference or give you an honest one to say that you did not work your notice period.

This will make you look bad with the new company as it would show that you are someone who does not keep their word and who does not care for the law, be it civil law in this case.

Unless you get the new company to buy into the fact that you will be leaving your present employer early. I find most companies require satisfactory references before they will take you on.
Original Poster
Ok, another plan..

Booking a 3 week holiday, and using up all my leave, then giving notice a week before my leave.

Then I would have to only work 5 days after giving notice, and the other 3 weeks would be leave???

That would work?
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deleted265520
Chiptivo

Ok, another plan..Booking a 3 week holiday, and using up all my leave, … Ok, another plan..Booking a 3 week holiday, and using up all my leave, then giving notice a week before my leave.Then I would have to only work 5 days after giving notice, and the other 3 weeks would be leave???That would work?



It depends if you have to give notice for booking holiday or not.
Chiptivo

Ok, another plan..Booking a 3 week holiday, and using up all my leave, … Ok, another plan..Booking a 3 week holiday, and using up all my leave, then giving notice a week before my leave.Then I would have to only work 5 days after giving notice, and the other 3 weeks would be leave???That would work?



You are entitled to take your leave within your notice period I believe so I think you can do this without any guilt. I would say to them that I am giving them a month's notice but that I have 3 weeks' leave to take, I will take that within the notice period.

If they say no then you can always explain to the new company that this seems unfair to you. It is easier to argue your case in this scenario as it is a bit more woolly as to whether a contract has been breached.
Banned
If you take all your annual leave and then for any reason leave the company before the fiscal/year is over, you will find that you will have to pay the money back for it.
Original Poster
Adnan786

If you take all your annual leave and then for any reason leave the … If you take all your annual leave and then for any reason leave the company before the fiscal/year is over, you will find that you will have to pay the money back for it.




Thats fine.
sancho1983

Not allowed to give a bad referenceThey could decline to give one, which … Not allowed to give a bad referenceThey could decline to give one, which of course implies it is bad



or they could give the name, time worked and reason for leaving and nothing else.
Yep using your leave would be better and regardless of notice you will still get paid for any hours worked.
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