Employee Contract Obligation?

[Peartreehouse]

Good afternoon lovely people

We have just received a resignation letter from an employee who has asked to leave in two weeks time to start a new job instead of working their month's notice period. I doubt we can enforce the notice period as they may just 'go sick' and not come in, but we feel slightly aggrieved that they should just assume they can up and leave with no time for a proper hand over.

Curious to know of any other company's experience with this situation? Is it enforceable?

Many thanks!

 

[MBE2017]

I will leave it too the legal beagles but your soon to be ex employee might be liable for extra costs, such as a temp to cover their position etc. Talk to a HR specialist.

 

[Jenny Rimell]

Good afternoon lovely people

We have just received a resignation letter from an employee who has asked to leave in two weeks time to start a new job instead of working their month's notice period. I doubt we can enforce the notice period as they may just 'go sick' and not come in, but we feel slightly aggrieved that they should just assume they can up and leave with no time for a proper hand over.

Curious to know of any other company's experience with this situation? Is it enforceable?

Many thanks!

Hiya! Whilst the employment contract states a notice period, they can be tricky to enforce and would you cost you more as an employer to take to a small claims court to claim the employee breached their contract of employment. It can affect any references you provide but I would advise a good old fashioned chat with the employee and also do a check on your policies to give you more of a robust standing in the future.

 

[Peartreehouse]

Hiya! Whilst the employment contract states a notice period, they can be tricky to enforce and would you cost you more as an employer to take to a small claims court to claim the employee breached their contract of employment. It can affect any references you provide but I would advise a good old fashioned chat with the employee and also do a check on your policies to give you more of a robust standing in the future. We can support if needed - our website is www.thehrconsultants.co.uk

Many thanks for your response...!

 

[Mark T Jones]

Forget being aggrieved, be pragmatic.

Do you actually want/need this person's services for a month?

Way back when I was employed in sales it was absolutely normal to oust someone as soon as they handed notice in - usually the options were gardening leave or forego salary to start the new job immediately - I assume it's still legal/acceptable now (@Newchodge may correct me)

 

[Peartreehouse]

Forget being aggrieved, be pragmatic.

Do you actually want/need this person's services for a month?

Way back when I was employed in sales it was absolutely normal to oust someone as soon as they handed notice in - usually the options were gardening leave or forego salary to start the new job immediately - I assume it's still legal/acceptable now (@Newchodge may correct me)

Many thanks for your response. Yes, agree, we use gardening leave where applicable but this is a driver and so we don't have any cover...

 

[Paul Norman]

This is one of those situations where, in reality, the law offers little help.

Your employee has, technically, breached contract and could be liable for the costs that has brought upon the business.

In reality, I cannot imagine that ever being upheld in a court, and it is highly doubful that the energy and cost needed to try and enforce it would be worth it.

 

[Peartreehouse]

This is one of those situations where, in reality, the law offers little help.

Your employee has, technically, breached contract and could be liable for the costs that has brought upon the business.

In reality, I cannot imagine that ever being upheld in a court, and it is highly doubful that the energy and cost needed to try and enforce it would be worth it.

Yes, agreed, it's frustrating and makes you question the reliability of a contract in the first place. Many thanks for your input...

 

[lesliedocherty]

The frustration is if you were to sack him, he's due a month's pay in the notice, its always a sore one, the door doesn't seem to swing both ways.

 

[Peartreehouse]

The frustration is if you were to sack him, he's due a month's pay in the notice, its always a sore one, the door doesn't seem to swing both ways.

Very true...