Once you have taken the plunge and handed in your notice, the last few weeks can prove tricky. This is particularly the case if relations aren’t great. Sometimes, it can be tempting to simply walk out without looking back. However, it’s worth considering the consequences if you don’t work your notice.
Work contracts are legal documents. They are in place for a reason and once breached, there can be grounds for your employer taking legal action. There are also other potential consequences when employees do not honour the notice period.
We’ll take a look at what can happen, and also offer some ideas on ways you can make a pain free exit.
Not Working Notice is a Breach of Employment Contract
Employment contracts are legally binding documents. They protect your rights as an employee. However, they are also designed to protect your employer.
A contract does not need to be in writing to be legally binding. Even when a written contract is not in place, there’s still a statutory notice period to adhere to.
Some companies have a long notice period which can prove tricky. Most employees who are leaving one job are going to begin a new one. Some opportunities simply won’t wait for a long notice period to be completed.
You should ideally work notice rather than leaving immediately, but if you’re going to miss out on a dream job you’re in a very awkward situation.
We’ve established that breaking your employment contract puts you on the wrong side of the law. But what’s the worst that can happen?
You Can Be Taken to Court
Theoretically, you can be taken to court for failing to work your notice, and made to pay damages to your former employer. But how likely is it to happen?
The short answer is, not very.
The costs and legal processes involved usually mean that unless your role is very high level, it simply won’t be worth your employer’s while to take you to court. To successfully sue you, they would have to demonstrate in court that they had suffered a financial loss as a result of you leaving early.
Even if your actions have cost some money to the business you are leaving, they’d need to outweigh the time and money legal action would cost your former employer.
It is still a risk, and your employer may well threaten legal action if you try to breach your contract. It will be up to you to weigh up the risks. If you do have a high level role, it may be prudent to consult a lawyer before leaving your job.
This advice from Saracens Solicitors is aimed at employers. It gives insight into what they must consider before taking legal action against an employee in a range of situations.
Your Employer May Withhold Money From Your Final Pay
Before leaving your job without working your notice, read your contract. Employers can’t normally withhold any money, but there may be clauses in the contract allowing them to do this.
Generally speaking, you are entitled to all monies owed up until the day you leave. This includes the holidays you have accrued along with your normal wages. You can expect to be paid on your usual payday, whatever date that falls on.
If you owe them money then this can be taken out of your final wage. This might cause financial issues, so make sure you’re aware of what may happen.
There may be clauses in the contract stating that some monies will be withheld. These are sometimes called penalty clauses and they come into effect when there has been a breach of the contract.
Penalty clauses can mean monies can be owed to the employer if:-
- You did not work your notice period in full.
- Training needs to be paid back.
- Holidays you took that you weren’t entitled to.
- Maternity pay (if you didn’t return to your position).
- Any loans borrowed from your employer.
You might also find that once you start your new job, your employer might not give you a P45 very quickly. Whilst this is against the law, and you can report them to HMRC for this – they may not feel disposed to provide you one quickly.
Other Consequences of Not Working Notice
If you are comfortable that your employment contract won’t cause any issues, you should consider other consequences.
The fallout from ending a work relationship on a sour note can come back to bite you down the line.
Poor References
Leaving a job without working your notice can affect future references.
Despite popular belief, you can be given a bad employment reference. The points within a reference must be factual, but can be negative. If you don’t work your notice, this can be detailed within your reference.
This can cause awkwardness if you are applying for, or have been successful in getting a new job. A new employer who is given a bad reference for a potential employee may reconsider the job offer.
Even if you’ve already secured a position, and a poor reference would not affect you – do consider that future employers may ask for references from more than one previous employer.
Alternatives to Not Working Notice
If you are adamant you cannot see out your notice period, some negotiation may be possible with your employer. There may also be other ways to reduce the amount of time you would have to work.
It is helpful not to burn bridges with your current workplace as you may need to deal with them in the future. Instead, coming up with an alternative to working your notice could mean your exit is as pain free as possible.
Here’s a few ways you can avoid working notice, or reduce your notice period to a more manageable level.
Negotiate With Your Manager
You could start by negotiating with your manager. You might find you can agree to a shorter notice period.
If you feel able to, having a chat with your employer can amicably solve your predicament. They may see that it is in the best interests of everyone to let you go.
They may realise that keeping you on will simply affect productivity and the office atmosphere. Of course, your boss isn’t under any obligation to do so, but it’s worth asking.
Call in Sick
You can call in sick during your notice period. This may not be an ideal solution, but in some situations it may be preferable or even beneficial.
If you are suffering from stress or other mental illness as a result of your job, you would be well within your rights to call in sick.
Employees can self certify for the first 7 days of illness, after which time you will need a doctor’s note. You could be signed off work for stress or anxiety from your job situation. You are able to self certify for stress.
Use Holidays
If you have accrued holidays to use up, you might be able to negotiate with your employer to use them to reduce your notice period.
Again, your boss doesn’t have to agree with you using these days. It will come down to staff availability and the current workload. However, if your request is refused then you will be entitled to your contractual holiday pay.
Ask To Work From Home
If you genuinely want to finish your notice period but feel uncomfortable at work, you could ask to work remotely.
It may be in everyone’s best interests to allow this so it is worth exploring. Being at home will be less stressful and means there is a little flexibility to job hunt at the same time if you don’t have a new job to go to.
Further Reading: Slater Gordon’s guide on failing to give notice has some useful advice.
FAQs
A notice period is legally binding. Even with no contract in place, there is still statutory notice that must be honoured.
In most cases you are still entitled to all your pay should you not work your notice. However, some employers have clauses in their contracts to protect them. This could mean you have an obligation to pay for things such as any courses undertaken or if you were overpaid.
