On leaving your job would you 'break the law' by not giving notice?

Joseph F

It's not a law. The employment contract states specifically that the worker is employed "at will," and that the contract can be terminated at any time for any reason, or no reason at all.

Accordingly, I *never* give notice. They wouldnt have to give notice to break the contract with me, so I dont feel compelled to give notice either.

Like Cedric the Entertainer said... "When I leave... it's gon' be a surprise!"

Judy

No, there's no law about notice. If you have a contract that requires it, you could be sued if you don't. Otherwise, it's just a courtesy to your employer, and is the right thing to do.

lorijotx

It isn't a law. It is simply a courtesy.

dunrobin46

I wouldn't do it because I might need a reference from the company in the future

suga UK

No you wouldn't. You would probably only be breaking the conditions of your contract. I think they probably would not pay you for a certain period in that case.

danny14551

its not a law, but it will hurt you when a new prospective employer call the old boss

Life Skills

Not required if it's not in the contract that you signed. However it is not proper etiquette to leave without a notice. You will not get a good reference if you do that. Even if you don't like the job, don't burn the bridges. You never know with whom you will be working again.

Tinkerbell

I wouldnt do it, because;

1. If you wanted a reference at a later date it is better to leave on good terms where possible
and
2. Never bite the hand that feeds you, if your new job doesnt work or you find yourself unemployed later in life you might get work at the same company again.
and
3. Theres no reason not to give notice as your new employee would expect that you would have to work notice.

Good Luck

Emma J

You may be breaking your contract of employment but not the law. If you work a month or week in hand usually you forfit this money if you dont work your notice, or they can withhold any holiday pay you are due. Depends on your company.

In England you can generally leave a job whenever you like, but it is best to leave on favourable terms, getting a good reference, or possibly with a view to returning if things don't work out.

Some jobs are impossible to leave without giving notice (such as leaving the Royal Navy, where "buying" a termination of contract is not possible, and the period of notice may be a few weeks for someone like a steward, but a linguist may have to give 2 or 3 YEARS notice, to allow time to train a replacement.)

Your notice period is normally specified in your Written Statement of Terms of Employment, or your written employment contract. To not give the notice that is specified in either of these documents is breaking your contractual obligations. Some employers write into their terms that if an employee doesn't give the stipulated notice then the company can withhold a set amount of wages owed.

If you don't have either of these documents then the statutory notice required is 1 week - see the link below.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026689

At the end of the day, an employer would legally have to give the notice as specified in the link, and this is the minimum an employee would expect - so why should an employee get away with not abiding the rules.

To leave an employer on bad terms is silly and unnecessary. If you need a reference from them they may not give a nice one, or they may choose not to give one at all.

Cari

If you have been employed for longer than a year, then the STATUTORY notice period in the UK is one week. Statutory means that it's a law.

politicsguy

You have a contract of employment, so if you break it by leaving without giving the notice specified in your contract, it is a matter for the civil courts rather than the criminal courts. Practically, very few employers are going to sue someone who left/wants to leave as they are easily replaced and the costs outweigh the benefits of any legal action.

Contrary to what others say here, it is not , "a courtesy", you signed a contract. You may not end in court, but an employer can give you a less than glowing reference (they cannot by law give you a bad reference) or they may sow seeds of doubt to a prospective employer when they ring up your previous employer for an informal chat about your work history. They may choose not to give you a reference at all, which is something that they are within their legal rights to do.

If you are planning to leave, have a job to go and the dates of the new job starting don't coincide with the old job's notice period, the best thing to do is to speak to your current employer's HR dept and negotiate your way out. Walking out may just come back to bite you in the a**e!

***EDIT***

Actually the minimum statutory notice period for most people employed continuously for one month, not one year, is a week, and that statutory minimum does not apply to all employees. I doubt that you'd be asking this question if you had to give only one week's notice, hence why neither I nor anyone else here advised you on that. But hey, if it does, here's the link:

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073792628

Carol B

if you have a contract you could ask to negotiate to leave as soon as possible.This way you would not be breaking the law.

trevion

i didnt know that was a law but no

No we live in a society where employees take jobs and promise to stay then leave. Now within the confines of this society we are working for employers that have on the applications if you read the small print. "we exercise our
right as being a AT WILL EMPLOYER meaning we have the right to dimiss you without due cause" In other words if the boss or somebody does not like your attitude or your work patterns you can be dismissed. With no reason given at all.

JO S

By law if you are paid monthly you need to give a months notice but if you are paid weekly you need to give a week for every year that you have worked there. Having said that most companies will take 2 weeks notice unless you have been there for ages.

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