Can you be taken to court for not working notice?
It’s a question that people often ask – but can you really be taken to court if you don’t work your notice in the UK?
If you leave without working your notice period, you may be in breach of your employment contract and your employer could make a claim against you if they incur additional costs as a result.
Taken To Court For Not Working Notice UK
First things first, you need to consider all of your options when you’re leaving your role.
If you’re unable to work your notice period, whatever the reason might be, you should discuss this with your employer and explain the situation. It might be that they are willing to waive your notice period and release you from your contract early and it might give them time to sort out a short-term replacement.
Of course, they might not be willing to do this, and you should be aware that your employer has no obligation to let you leave without working your notice period.
Every employment contract will include details on your notice period. It might be one week, two weeks, four weeks, or in some cases, it could even be as long as three months.
It’s designed to protect both you as an employee and your employer – for example, if you were made redundant or sacked, you’d receive your notice period (and pay), which would help give you time to find a new role.
And on the flip side, if you resign, your notice period provides your employer with the time to find a replacement or at least cover your tasks, duties, and ongoing projects.
Do I Need To Work My Notice Period?
Unless you can come to an agreement with your employer, yes.
When you sign your employment contract, you’re bound to certain legal requirements, as is your employer. One of those is working your notice period, which you’ll be paid for as usual.
You have specific legal rights as an employee in the UK, but you also have legal responsibilities which you can’t renege on. If you’d like a shorter notice period, whatever the reason, you should approach your employer to see if that would be something they could agree to.
The circumstances around you leaving your role will also play a part in whether your employer takes legal action against you.
For example, if you leave your role without working your notice period and begin working for a competitor while you were supposed to be within your notice period, your employer will most likely seek legal action.
In fact, they could even seek an injunction if they can prove you have left to join a competitor or if they have reason to believe that you’re putting their business interests at risk by disclosing confidential or sensitive information.
While you can’t be stopped from leaving without working your notice period, there are consequences. Your employer will likely sue you for breach of contract, depending on how much it has impacted them and the circumstances around it.
Legal Advice I’ve Not Worked My Notice Period
If you’ve not worked your notice period and your employer is considering legal action, it can be a tense and unnerving time.
But at Solicitors Near Me, we understand the importance of finding expert legal advice from a solicitor near you as soon as possible.
Your case will be unique to you and the circumstances around it will determine what action your employer might take and what options you have.
If you’re considering leaving your role without working your notice, you should speak to a legal expert before making any decisions to see if there’s a better way to approach things.
We’ll connect you with an expert employment solicitor near you for FREE so that you can decide if you want to proceed with your case.
All you need to do to get going is click the link below…
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