Giving notice
You've got a brand-spanking new dream job, and you can't wait to get started. But there's the pesky irritation of having to work for the next month at your dullard dead-end job. TheSite.org looks at what your options are.
So you've marched up and knocked on the door of the big boss, stood your ground and told him to stuff the job. Or, more realistically, you booked a meeting with your line-manager and apologised profusely for deciding to leave the organisation.
Either way, the time between telling your boss and actually walking out of the building for the final time can feel like eternity. Legally, as long as you've been there a month, you have to give at least one week's notice, although your contract will often specify longer.
It's tempting to think you've got nothing to lose if you simply stop coming to work, but failing to complete your notice period could see you ending up in court.
"Leaving before your notice period has finished is a breach of contract," says Sue Terry from Acas, the organisation that helps resolve employer-employee disputes. "Companies can take former employees to the civil court to recoup costs associated with them leaving before their notice period is up."
An employer would usually go to the small claims court, and have to prove they lost out from the employee's absence. So they'd have to show that work was lost as a result of you leaving, or they had to pay to bring in a temporary worker to fill your place.
That said, the employer may decide the hassle of court action isn't worth it to recoup the costs.
More often, leaving before your notice period can affect your reference. "Future employers will often ask for references from previous employers, and they need to be factual and fair," says Sue Terry. "If you leave before your contract expires, then it could be put on a reference. It's about demonstrating trust and confidence between the employee and employer."
How to leave early
If you want to leave before your notice period is up, it's best to try and negotiate a change in your contract.
"In some jobs, such as sales, they may want you to leave early, to stop you taking customers away," explains Sue. If you are moving to work for a competitor, you may be asked to leave to prevent you accessing confidential company information. It may also be that if you've finished what you were working on, your employer may be happy to release you early to save paying you when there isn't the work to give you.
If you can find a way of helping your employer then they'll usually be more prepared to let you go early.
Remember that if you leave early, you won't be paid for the time you don't work; unless your employee has asked you to leave (in which case they'll pay you in lieu of notice).
Stay on side
Just because you've handed in your notice, this doesn't mean the terms and conditions of your contract have changed. This applies on both sides: you still need to work the hours contracted and your employer still needs to honour any sick and holiday pay. Your outstanding holidays can be taken as part of your notice period.
Tempting as it may be, stealing the company Xbox or writing rude messages about your manager in the staff toilets will have the same consequences even after you've told them you are going. It's still possible to get sacked after you've handed in your notice, and you could lose the opportunity to get a good reference.
But equally an employer has a duty to treat you fairly, right up until the day you leave. So if you suddenly find yourself being bullied or discriminated against because of your decision to leave then you have the same rights to take action against the employer.
If through their actions the company breaches the employment contract with you, you may be in a strong position to walk away, safe in the knowledge that they would have difficulty taking any action against you. But if you decide to do this, it's definitely worth getting expert advice beforehand.
Acas can help provide information and advice on rights at work. Call their helpline on 08457 47 47 47.
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