A weird one this - an employee at our office has a friend who has just started a new job this week. He has then been offered a much better job and has told his boss he wants to leave with immediate effect (with no pay). He has also offered to work for the remainder of this week with no pay as a gesture of goodwill.
The boss has refused his request and is demanding he works his month's notice. (I have no idea what is written into his contract).
So what could happen to him if he just walked out? I really don't see what the employer has to gain by making him work for a month!
He'd lose his P45 and have to start on emergency tax at the new job, that's about all I can think of.
There might be some kind of breach on contact issues if he's signed anything, but the cost of enforcing this would be way more than what they'd actually gain.
Most probationary period wording allows [almost] instant severance - on both sides
Most probationary period wording allows [almost] instant severance - on both sides
I would have thought so but I don't know about his specific contract.
99% of Contracts would say first 3 months are probationary and 1 weeks notice by either side can be given to terminate - But also I would think the first 1 month would be at no notice or something like 1 or 2 hours notice
He should definately ask to see the contract cause it doesn't sound right that he would have to give a month
I'd be surprised if he had a contract yet
It's always taken a while to get an actual contract when I've started anywhere - his job offer letter should spell it out
He has signed a contract.
Depends on contract and also if the company can potentially lose money based upon him not being there.... If the company has spent money on desk/comp/laptop/phone type stuff or even advertising and agency fees then there could be some comeback (highly unlikely).
I would just say so long and thanks for the op... Apologise of course.
if he fails to fulfil the contract as agreed he will be in breach of contract and the wronged party (the employer) would have the right to pursue him for their losses stemming from his breach.
it is not common - however for example the employer could get in cover staff from an employment agency and sue him for the difference between his salary (that he won't recieve) and what the agency charged then them for the length of notice period which he didn't work (i.e. their actual financial loss).
The alternative - he goes into work every day, does next to nothing, gets paid and leaves at the end of the month. SO the employer can't really win if he is made to stay.