Not working full notice period

thos

Registered User
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Hi all,
If an employee resigns, but either refuses or does not wish to work the full notice period, what are the consequences for the employee? In this case we would be talking about a permanent employee, private sector, with a contract stating 1 months notice.
A shorter notice period could be negotiated I presume, but if the employee really wanted to play hard ball, how high are the stakes? It's breach of contract, but how serious is this generally treated?
It's pretty poor character and reputational damage for employee, but plenty of press articles would have you believe this is becoming more frequent with more millennials 'ghosting' employers like this.

Any thoughts?

Tom
 
There's not a lot the company can do really besides just not pay if they don't show. In some more specialised industries employers can be a little more litigious, but in most cases, there's nothing to be gained by taking legal action only further expense.

Ireland is still a small place, people talk, so word of this could make it to the new employer where it may not be looked upon favourably. Ghosting is more of an issue in the US, I haven't heard it becoming an issue here yet.
 
in most cases, there's nothing to be gained by taking legal action only further expense
Generally, you're glad to see the back of people who would do that. Better than going on paid sick leave for their notice period though!
And as @Leo said, people talk...

Ghosting is more of an issue in the US, I haven't heard it becoming an issue here yet.
I've only seen it once. New joiner didn't show up on their first day. By about lunch time we decided to contact them in case something had happened. Found out they had never resigned from their old job. We had spoken with the the previous Friday to confirm where they were going for 1st day.
Again, we didn't pursue. Better to find out kind of person they are before they've joined, than trying to resolve issues after!

Had a few people sign contracts, and then change their minds, but only seen it at a more junior level.
 
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It's not just your new employer, it's also the one after that.

If that happened to me as an employer and I was later asked for a reference I would reply "Our policy is to give factual references only. He broke his contract with us as he did not serve out his notice period which was very disruptive for us."

Most employers are flexible. If you have good reasons for not serving out your notice period, they might be flexible. I have seen cases where people left early but stayed available to help the replacement.

Brendan
 
You can't even do that anymore Brendan. Vast majority of employer references will just state that an employee worked for them for certain dates. The employer does owe the employee a duty of care when it comes to providing a reference so if an employer was to issue an employee with the reference you gave after 15 years of very successful employment, the employee could bring a case that the reference isn't fair. The employee could claim they were not in a position to do the notice period because of any number of reasons and because there had not being a formal process, the employer could not argue against it. I know most of any large organisations I worked for will not give detailed references. If I put down an old manager as reference, it is under the strict understanding that it is in a personal capacity.

End of the day, if notice periods are important to the company they should be longer than a month (I have seen holiday leave take up most of 1 month holiday periods) and replacements are very rarely in a position to start within a month so to be honest it is pretty pointless. I have seen companies insist that people use holiday leave instead of serving the full notice period and paying them in lieu. I generally will complete the full notice period and accept payment for holidays etc because I don't want to leave on bad terms. I had one job that was pressuring me to start early and I discussed it my manager and we came to an arrangement to finish after two weeks. But again, I made sure I didn't leave under a cloud. There should generally be no reason not to serve the notice period. All employers understand how notice periods work when they are hiring. That's why they always ask the question.
 
Factual is fine Brendan but it would be one sided. I could argue as an employee that you didn't mention my 15 years of excellent service and all the good things I did as your employee when you mentioned the negative. If I was so minded I could decide to argue that the reason I didn't serve my notice period was that you didn't take my resignation well and made me feel uncomfortable in the work place. That I felt bullied. It just leaves companies open so they generally stick to statements of employment i.e. dates and job title. Why take the risk?
 
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