Leaving job without notice

[cows sh#t me to tears]

So what happens if they don't give notice?

Depends on their award conditions (each industry has it's own set of conditions). But you MAY be able to with hold the equivalent amount from their final pay. Really need to speak to your accountant as to what you can and cant do.

 

[toquark]

I’ve always thought notice periods are a fairly notional affair. What’s an employer going to do? Take you to court and force you to work it?

Likewise would you want to force an employee bent on leaving into staying on, being party to potentially sensitive information and using expensive equipment?

 

[Nearly]

Once did a week's trial for a guy. He sacked his casual on Wednesday but the son had talked to me like sh!t on his shoe on Tuesday.
I told him a weeks trial went both ways and asked him if he still wanted me to come in Thursday or not.
He ran off to catch the casual before he left!

 

[toquark]

So what's said in the contract is nt worth anything then?

Like many contractural agreements, they’re only effective as long as both parties want it to be.

In the case of many employment clauses, it’s not worth the legal trouble of enforcement on the behalf of the employer.

 

[Weasel]

Like many contractural agreements, they’re only effective as long as both parties want it to be.

In the case of many employment clauses, it’s not worth the legal trouble of enforcement on the behalf of the employer.

So what's the point in them?

 

[toquark]

So what's the point in them?

They’re primarily there to protect the employee, rather than the employer.

 

[kiwi pom]

Hi.
If an employee just leaves and doesn't come back can the employer do anything about it?

If they have a contract that says they have to give notice but don't I guess its up to you to take the matter further if you want to.
You'll need legal advice though I'd imagine.
I take it they signed a contract?

 

[Weasel]

If they have a contract that says they have to give notice but don't I guess its up to you to take the matter further if you want to.
You'll need legal advice though I'd imagine.
I take it they signed a contract?

Yes contract signed

 

[Skintagain]

So what's the point in them?

People usually do the right thing in case they Want to come back. If they don’t give a shite they won’t be coming back anyway

 

[Weasel]

People usually do the right thing in case they Want to come back. If they don’t give a shite they won’t be coming back anyway

That's very true I suppose

 

[Kiwi Pete]

Depends on their award conditions (each industry has it's own set of conditions). But you MAY be able to with hold the equivalent amount from their final pay. Really need to speak to your accountant as to what you can and cant do.

This is my understanding, but it would pay to check.

In my employment agreement it's made pretty clear that if you don't work out your notice, then you forfeit your last (fortnight's) pay.

We had a similar situation at work lately, a chap took "3 unpaid days while it's quiet, to help my mate carpet-laying" and never came back.
He'd just gone for his HGV licence (paid for by the co.) but it wasn't really worth persuing the costs of that as it WASN'T stated in his agreement

 

[Weasel]

This is my understanding, but it would pay to check.

In my employment agreement it's made pretty clear that if you don't work out your notice, then you forfeit your last (fortnight's) pay.

We had a similar situation at work lately, a chap took "3 unpaid days while it's quiet, to help my mate carpet-laying" and never came back.
He'd just gone for his HGV licence (paid for by the co.) but it wasn't really worth persuing the costs of that as it WASN'T stated in his agreement

In the UK I don't think you can withhold pay

 

[kiwi pom]

Yes contract signed

Up to you to pursue the matter then I suppose.
I'm not sure you'll gain much, get some proper advice or just withhold the rest of their money and see what happens.
I take it you've heard from them and they're not dead or in a hospital somewhere?

 

[Weasel]

Up to you to pursue the matter then I suppose.
I'm not sure you'll gain much, get some proper advice or just withhold the rest of their money and see what happens.
I take it you've heard from them and they're not dead or in a hospital somewhere?

Certainly not dead

 

[Suffolk Serf]

I had someone leave at very short notice who was paid a certain amount in advance. I wrote him a letter asking for the correct proportion back, which he took to Citizen's Advice, who told him to pay up, which he did.

 

[kiwi pom]

Certainly not dead

Chat to your lawyer then I guess?

 

[Sid]

In the UK I don't think you can withhold pay

You can if you have a contract.

Know of someone who supposedly caused "damage" and had his final months pay witheld.

No comment was made about this damage until they gave their notice!

 

[Cowcorn]

I jacked in 2004, right in the middle of spud season ,,everything I knew about ploughing, tatty harvesting had been undermined by the bosses son ,,fresh out of Ag college ,head full of books ,not an ounce experience but thought he knew everything ,,everything except how to part of a team ,,picked his jobs ,,hid at the first sign of hard work .
His dad rounded on me first thing one morning and the pair of them got a load of home truths .
I walked ,didnt care anymore .

A genuine " shove your job up your arse " moment eh ?? Good on you any spudman who doesent know when he has good help deserves a wake up call .
Its not like experienced help is forming a queue at the gate nowadays is it .

 

[Bury the Trash]

I think you can refuse to give one at all which speaks volumes

Whenever I read a reference I always looked for what was not said rather than what was said.

Well I would not employ someone who wouldn't even try at least to learn , or ask how to reply correctly to a post on a forum ,reference or not.

Click on the reply tab there's a good chap , just copy and pasting makes you look a bit inept, its not very polite either.

 

[Lincoln75]

Hi.
If an employee just leaves and doesn't come back can the employer do anything about it?

Like what? make them come back and work their notice ? those day are long gone

You have to pay them for the days they`ve done as well as all holiday pay and pension , you dont have to give them a reference though.