What can happen if I break the contract with regards to notice periods?

elvis2002

Just wondering about this guys. On the contract it says I have to give 4 weeks notice. What can happen to me if I wake up tomorrow and just dont feel like going in again or if I decide after handing in my notice that I'll only work for 2 weeks. The job is just a low payed IT job. Its not like I'd be missed.....

qwertz

The company could sue you for breach of contract if they want to but it is rather unlikely. Also, keep in mind that Dublin is a small town, you don't want to be known as unreliable.

elvis2002

sue me? For how much? The weeks that I owe them?

leeroybrown

elvis2002 wrote:

sue me? For how much? The weeks that I owe them?

This came up in another thread recently. One poster said that his brother had been sued by a former employer for breach of notice period and was required to pay a months wages.

seamus

In order to sue, an organisation or an individual must show that you have somehow caused them to incur a loss (or ongoing costs) due to your actions.

In terms of a contract of employment, the notice period allows sufficient time for an employer (or employee) to replace you so that work is not allowed to pile up, or deadlines are not missed. If, by breaking contract, you caused unnecessary costs to be accrued (client pulled out because deadline was missed, or an expensive contractor had to be hired to fill your shoes temporarily, for e.g.), then you may be liable to be sued by your employer.
The cost of hiring a new employee (i.e. paying recruitment agencies, placing ads), is generally not considered one of these costs, since the company would have to pay these costs even if you gave proper notice.

Red Alert

most retail/service places don't care. as for your IT job if it's as low as you say it is in the pecking order it's unlikely they'd waste the time in doing it. make sure you've a watertight job offer before you move on.

fightin irish

From first hand experience, I've seen companys hold onto p45's to f**k up the persons tax, meaning they'll go on emergency tax etc in the new company...which ain't good for people with mortages etc.


Altho a good company reallly should cater for this, It was a long time ago now and i wonder if your tax would be affected these days.

Our man in Havana

Holding on to P45's does not have the same effect it did years ago. If you are in that situation you simply ask the taxman to put you on week1/month1 tax. You won't end of loosing all your money to emergency tax that way.

jimmycrackcorm

Ask your employer if you can be released early - if they insist you stay then tell them it's their money.

Working in IT in particular makes it dangereous for employers to piss you off.

seamus

fightin irish wrote:

Altho a good company reallly should cater for this, It was a long time ago now and i wonder if your tax would be affected these days.

As Bond points out, it's not the same anymore. You no longer go on 50% emergency tax straight off. You get an emergency allowance and get taxed at the normal rate for a while. I think after about four weeks, the 50% + no tax credits rate kicks in.

fightin irish

Power to the people so