sgtkate Posted December 20, 2012 Share Posted December 20, 2012 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. Link to comment Share on other sites More sharing options...
Cyclone Posted December 20, 2012 Share Posted December 20, 2012 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". Link to comment Share on other sites More sharing options...
nutty34 Posted December 20, 2012 Share Posted December 20, 2012 If you want to leave ... just leave. No-one is going to take anyone to court as the cost will outweigh the benefit. Link to comment Share on other sites More sharing options...
alchresearch Posted December 20, 2012 Share Posted December 20, 2012 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. Link to comment Share on other sites More sharing options...
irenewilde Posted December 20, 2012 Share Posted December 20, 2012 If you want to leave ... just leave. No-one is going to take anyone to court as the cost will outweigh the benefit. Such a responsible, adult attitude. Link to comment Share on other sites More sharing options...
geared Posted December 20, 2012 Share Posted December 20, 2012 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. Link to comment Share on other sites More sharing options...
truman Posted December 20, 2012 Share Posted December 20, 2012 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.. Link to comment Share on other sites More sharing options...
geared Posted December 20, 2012 Share Posted December 20, 2012 Also depends on if they can get away with not giving that employer as a reference. Especially as they already have a new employer who will give them a reference in the future. The old "That shop has closed down now" trick can sometimes work. Link to comment Share on other sites More sharing options...
gnvqsos Posted December 20, 2012 Share Posted December 20, 2012 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? Link to comment Share on other sites More sharing options...
Cyclone Posted December 20, 2012 Share Posted December 20, 2012 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. Link to comment Share on other sites More sharing options...
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