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Looking for Advice on my rights on leaving work


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An employer cannot force you work your notice but they can take you to court for breach of contract if they choose to. It's highly unlikely they would as the costs and time/effort wouldn't be worthwhile unless they chose to make you an example.

 

Noone can legally force you to turn up to your place of work can they? But you may end up being sacked by them instead if they schedule you on and you don't turn up.

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If the answer is probably not then all you risk is no reference (bad references cannot be given by law).

 

What law do you think says that?

 

The only thing that a company can't do in a reference is lie. And if they did the only remedy is to sue for liable.

 

They can certainly give a bad reference so long as they tell the truth (and ideally could defend it as truth in a court).

 

So saying something like

 

Dear Sir,

XXX terminated their employment with us on 12/12/12 with immediate effect, this was in breach of their contract as they refused to work their notice period.

 

Would be true and a perfectly valid reference.

 

If there were any other recorded facts they could add in to make you look bad then that would also be acceptable, lateness, warnings, etc... They could (although this is dodgier ground) also include an opinion. They could also make a statement such as "We would not hire this person again".

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Technically it is.

 

They've calculated the possibility of a bad outcome by considering the fiscal burden of litigation on the plaintiff and came to the conclusion that legal action is unlikely.

 

Might not look good on any future references though...depends if you want to burn your bridges I suppose..

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I was sent away on training and did have a contract, my point being is i did not think an emmployer can force you to work your notice

 

 

Posted from Sheffieldforum.co.uk App for Android

 

In which case why have a contract?If they dismissed you without notice how would you feel?

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There was a thread similar to this a while back. I think someone posted that the employer could reasonably withhold any wages owing to the employee under the reason that they needed to pay an agency for emergency temporary staff and the associated costs and inconvenience.

 

Withholding wages for any reason is illegal. They could sue to recover damages of the costs that you mention.

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