Not working notice period

Melisandre121

Is there anything an employer can do if a person hands in their notice and refuses to work the notice period?
Obviously you wouldn't get a reference, but is there anything they can do, like withhold pay or anything?

dar100

Not to sure, can't see them taking pay or taken you to court!!

How long are you there? If it's in line with a 1 week notice it may be more trouble than worth to not give the weeks notice

Stheno

Why can't you work the notice?

BrokenArrows

Melisandre121 wrote: »

Is there anything an employer can do if a person hands in their notice and refuses to work the notice period?
Obviously you wouldn't get a reference, but is there anything they can do, like withhold pay or anything?

Technically you are breaching your contract by not working the notice period.
However they cant withhold any pay you're due and they would have the sue you to claim damages over your breach of contract.

As others have said, just work your notice unless there is some serious reason why you cannot. Try and come to an arrangement with the employer rather than just blankly refusing to work another day. Never burn your bridges when leaving a job, it is guaranteed to come back and haunt you.

Thoie

Obviously you won't get paid for the time you haven't worked, but they couldn't really withhold pay for time actually worked.

What they can do is "linger" over generating and sending out your final tax form, which will see you hit with emergency tax in your new role. There are ways around it, but it's a headache. You will eventually get the emergency tax money back, but not until next year.

They could technically take you to court for breach of contract, but generally it wouldn't be worth it, unless they were trying to make an example of you to prevent other people doing the same.

Really though, work your notice.

Exclamation Marc

Reputation will stick and you'd never know who in your current company you'd run into later in life as a future employer, contact or decision maker.

Youre much better off working it out and not burning bridges.

dar100

Thoie wrote: »

Obviously you won't get paid for the time you haven't worked, but they couldn't really withhold pay for time actually worked.

What they can do is "linger" over generating and sending out your final tax form, which will see you hit with emergency tax in your new role. There are ways around it, but it's a headache. You will eventually get the emergency tax money back, but not until next year.

They could technically take you to court for breach of contract, but generally it wouldn't be worth it, unless they were trying to make an example of you to prevent other people doing the same.

Really though, work your notice.

All you need to do so as not to be emergency taxed is to ring revenue with employers reg number!!

_Brian

Theory is they could follow you for breach of contract.
In reality this will depend how instrumental you are to the essential running of the business. If you leave them high and dry and they loose huge business then a case would be entertained. If your a less or non critical employee then in general they don't bother.

Of course your burning all your bridges with that company and as others have said in a few years you never know, you could go for interview somewhere else to be faced with someone from your old job who knows your history.

But, if this move is a "golden opportunity" for you then I'd say don't miss it and deal with the consequences down the line, just know there may be consequences and don't get yourself into the whole "if I'd only known" thing.

ibarelycare

Thoie wrote: »

Obviously you won't get paid for the time you haven't worked, but they couldn't really withhold pay for time actually worked.

What they can do is "linger" over generating and sending out your final tax form, which will see you hit with emergency tax in your new role. There are ways around it, but it's a headache. You will eventually get the emergency tax money back, but not until next year.

They could technically take you to court for breach of contract, but generally it wouldn't be worth it, unless they were trying to make an example of you to prevent other people doing the same.

Really though, work your notice.

This is all untrue.

Thoie

ibarelycare wrote: »

This is all untrue.

Yes, dar100 explained above that you now only need the employer's reg number, which is a great improvement on how things used to be.

B.A._Baracus

If you're cool with not getting a reference from the place then do not work the notice period.

But better to have a reference than not to. Just say you got the flu. They'll know it's bs but who cares. Comes off as better than no-showing.