Just wondering: what would happen if I just said "Bye. I am not coming 
back tomorrow" instead of giving the four weeks notice that was in the 
contract I had?

Also, if the employer decided to work to different rules regarding 
holiday, pay periods and days etc, does the contract still apply to me 
anyway?

Rob. wrote:
> Just wondering: what would happen if I just said "Bye. I am not coming
> back tomorrow" instead of giving the four weeks notice that was in the
> contract I had?

Technically they can sue you for the cost of a replacement to cover your 
work but in my experience this rarely happens, if ever.

> Also, if the employer decided to work to different rules regarding
> holiday, pay periods and days etc, does the contract still apply to me
> anyway?

Not quite sure what you mean by this. If you say they're evading statutory 
obligations, that doesn't void the contract as remedies lie elsewhere.

"Janitor of Lunacy"  wrote in message
news:uObDk.5$fd.4@newsfe12.ams2...
> Rob. wrote:
> > Just wondering: what would happen if I just said "Bye. I am not coming
> > back tomorrow" instead of giving the four weeks notice that was in the
> > contract I had?
>
> Technically they can sue you for the cost of a replacement to cover your
> work but in my experience this rarely happens, if ever.

And more likely/importantly they could mention it in a reference.

--
Andy

Andy Pandy wrote:
> "Janitor of Lunacy"  wrote in message
> news:uObDk.5$fd.4@newsfe12.ams2...
>> Rob. wrote:
>>> Just wondering: what would happen if I just said "Bye. I am not
>>> coming back tomorrow" instead of giving the four weeks notice that
>>> was in the contract I had?
>>
>> Technically they can sue you for the cost of a replacement to cover
>> your work but in my experience this rarely happens, if ever.
>
> And more likely/importantly they could mention it in a reference.

Less so these days. As I understand it, it's considered unwise to say 
anything detrimental as it could be construed as defamatory, and companies 
now either tend to decline to give references or say something bland such as 
"He worked for us from <date1> and <date2>" and leave it at that.

On Fri, 26 Sep 2008 21:35:17 +0100, "Rob."
 wrote:

>Just wondering: what would happen if I just said "Bye. I am not coming 
>back tomorrow" instead of giving the four weeks notice that was in the 
>contract I had?

In theory they can take you to court to recover any actual costs
incurred by them due to you failing to work your notice.  In practice,
they're unlikely to do so.  If your attitude towards them is such that
you're willing to just walk out, then any sensible employer is
probably going to want you out of there ASAP anyway.

>Also, if the employer decided to work to different rules regarding 
>holiday, pay periods and days etc, does the contract still apply to me 
>anyway?

If they've breached their contract with you then you should pursue
that through the correct channels.

On Fri, 26 Sep 2008 21:35:17 +0100, Rob. wrote:
> Just wondering: what would happen if I just said "Bye. I am not coming 
> back tomorrow" instead of giving the four weeks notice that was in the 
> contract I had?

Well there's a whole range of things that could happen.
Starting with: absolutely nothing
Ending with: they'd all have a party

Depending on what the company and your (former) colleagues thought
of you. In practice pretty much the only thing that could happen is 
if you were to ask them for a reference, though they might decide
to "forget" to issue your P45 or some other shenannigans.
I trust you haven't got any outstanding expenses or bonuses waiting.

I did see this happen in one place I worked. A new recruit went
to lunch on her first day in the job, phoned in during the afternoon
and explained she wasn't coming back. The company took no action.

pete wrote:
> On Fri, 26 Sep 2008 21:35:17 +0100, Rob. wrote:
>> Just wondering: what would happen if I just said "Bye. I am not coming 
>> back tomorrow" instead of giving the four weeks notice that was in the 
>> contract I had?
> 
> Well there's a whole range of things that could happen.
> Starting with: absolutely nothing
> Ending with: they'd all have a party
> 
> Depending on what the company and your (former) colleagues thought
> of you. In practice pretty much the only thing that could happen is 
> if you were to ask them for a reference, though they might decide
> to "forget" to issue your P45 or some other shenannigans.
> I trust you haven't got any outstanding expenses or bonuses waiting.
> 
> I did see this happen in one place I worked. A new recruit went
> to lunch on her first day in the job, phoned in during the afternoon
> and explained she wasn't coming back. The company took no action.
> 

It was something of a hypothetical question, unless I suddenly become 
very rich;-) (And not even the 419ers are offering me that at the moment 
- perhaps they have been hit by the credit crunch)

"Janitor of Lunacy"  wrote in message 
news:aEcDk.2608$kM7.1006@newsfe03.ams2...
> Andy Pandy wrote:
>> "Janitor of Lunacy"  wrote in message
>> news:uObDk.5$fd.4@newsfe12.ams2...
>>> Rob. wrote:
>>>> Just wondering: what would happen if I just said "Bye. I am not
>>>> coming back tomorrow" instead of giving the four weeks notice that
>>>> was in the contract I had?
>>>
>>> Technically they can sue you for the cost of a replacement to cover
>>> your work but in my experience this rarely happens, if ever.
>>
>> And more likely/importantly they could mention it in a reference.
>
> Less so these days. As I understand it, it's considered unwise to say 
> anything detrimental as it could be construed as defamatory, and companies 
> now either tend to decline to give references or say something bland such 
> as "He worked for us from <date1> and <date2>" and leave it at that.

It must depend on the industry. I work in care and we have an obligation to 
check people out thoroughly. If you cannot produce 3 comprehensive 
references you do not get a job.

I would also always put in a reference that someone had left without giving 
notice - unless it was negotiated and agreed due to specific circumstances.

Neb

On 26 Sep, 22:48, middleli...@googlemail.com wrote:
> On Fri, 26 Sep 2008 21:35:17 퍝, "Rob."
>
>  wrote:
> >Just wondering: what would happen if I just said "Bye. I am not coming
> >back tomorrow" instead of giving the four weeks notice that was in the
> >contract I had?
>
> In theory they can take you to court to recover any actual costs
> incurred by them due to you failing to work your notice.  In practice,
> they're unlikely to do so.  If your attitude towards them is such that
> you're willing to just walk out, then any sensible employer is
> probably going to want you out of there ASAP anyway.
>
> >Also, if the employer decided to work to different rules regarding
> >holiday, pay periods and days etc, does the contract still apply to me
> >anyway?
>
> If they've breached their contract with you then you should pursue
> that through the correct channels.

Don't you think the same morality should apply to the employee as well
though?  He contracted to give 4 weeks notice when he gratefully took
up the offer of employment.  Why should he feel free just to walk out
and break his side of the agreement but still pursue the employer for
breaking his?

"Janitor of Lunacy"  wrote in message
news:aEcDk.2608$kM7.1006@newsfe03.ams2...
> >>> Just wondering: what would happen if I just said "Bye. I am not
> >>> coming back tomorrow" instead of giving the four weeks notice that
> >>> was in the contract I had?
> >>
> >> Technically they can sue you for the cost of a replacement to cover
> >> your work but in my experience this rarely happens, if ever.
> >
> > And more likely/importantly they could mention it in a reference.
>
> Less so these days. As I understand it, it's considered unwise to say
> anything detrimental as it could be construed as defamatory, and companies
> now either tend to decline to give references or say something bland such as
> "He worked for us from <date1> and <date2>" and leave it at that.

It's only defamatory if it's untrue. Some large companies may have a policy of
playing it safe particularly where the person writing the reference may not have
first hand knowledge of the exact circumstances.

--
Andy

>> >>> Just wondering: what would happen if I just said "Bye. I am not
>> >>> coming back tomorrow" instead of giving the four weeks notice that
>> >>> was in the contract I had?
>> >>
>> >> Technically they can sue you for the cost of a replacement to cover
>> >> your work but in my experience this rarely happens, if ever.
>> >
>> > And more likely/importantly they could mention it in a reference.
>>
>> Less so these days. As I understand it, it's considered unwise to say
>> anything detrimental as it could be construed as defamatory, and 
>> companies
>> now either tend to decline to give references or say something bland such 
>> as
>> "He worked for us from <date1> and <date2>" and leave it at that.
>
> It's only defamatory if it's untrue. Some large companies may have a 
> policy of
> playing it safe particularly where the person writing the reference may 
> not have
> first hand knowledge of the exact circumstances.


A get out is

"When you have known X for as long as we have then you will think the same 
of them as we do".

Peter Crosland

On Fri, 26 Sep 2008 22:39:21 +0100, "Janitor of Lunacy"
 wrote:

>Andy Pandy wrote:
>> "Janitor of Lunacy"  wrote in message
>> news:uObDk.5$fd.4@newsfe12.ams2...
>>> Rob. wrote:
>>>> Just wondering: what would happen if I just said "Bye. I am not
>>>> coming back tomorrow" instead of giving the four weeks notice that
>>>> was in the contract I had?
>>>
>>> Technically they can sue you for the cost of a replacement to cover
>>> your work but in my experience this rarely happens, if ever.
>>
>> And more likely/importantly they could mention it in a reference.
>
>Less so these days. As I understand it, it's considered unwise to say 
>anything detrimental as it could be construed as defamatory, and companies 
>now either tend to decline to give references or say something bland such as 
>"He worked for us from <date1> and <date2>" and leave it at that. 
>
But this would be a statement of fact.

--
Alan "Ferrit" Ferris

 ()'.'.'()
 ( (T) )
 ( ) . ( )
 (")_(")

On Sat, 27 Sep 2008 01:59:14 -0700 (PDT), Ceres
 wrote:

>On 26 Sep, 22:48, middleli...@googlemail.com wrote:
>> On Fri, 26 Sep 2008 21:35:17 +0100, "Rob."
>>
>>  wrote:
>> >Just wondering: what would happen if I just said "Bye. I am not coming
>> >back tomorrow" instead of giving the four weeks notice that was in the
>> >contract I had?
>>
>> In theory they can take you to court to recover any actual costs
>> incurred by them due to you failing to work your notice.  In practice,
>> they're unlikely to do so.  If your attitude towards them is such that
>> you're willing to just walk out, then any sensible employer is
>> probably going to want you out of there ASAP anyway.
>>
>> >Also, if the employer decided to work to different rules regarding
>> >holiday, pay periods and days etc, does the contract still apply to me
>> >anyway?
>>
>> If they've breached their contract with you then you should pursue
>> that through the correct channels.
>
>Don't you think the same morality should apply to the employee as well
>though?  He contracted to give 4 weeks notice when he gratefully took
>up the offer of employment.  Why should he feel free just to walk out
>and break his side of the agreement but still pursue the employer for
>breaking his?

I agree.  I'm not advocating walking out without working your notice.
Even if your employer has breached their side of the contract, that
doesn't make it right for you to do the same, and doing so might even
weaken your position when you come to pursue your employer later.

On 26 Sep 2008 17:37:35 GMT, pete  wrote:

>On Fri, 26 Sep 2008 21:35:17 +0100, Rob. wrote:
>> Just wondering: what would happen if I just said "Bye. I am not coming 
>> back tomorrow" instead of giving the four weeks notice that was in the 
>> contract I had?
>
>Well there's a whole range of things that could happen.
>Starting with: absolutely nothing
>Ending with: they'd all have a party
>
>Depending on what the company and your (former) colleagues thought
>of you. In practice pretty much the only thing that could happen is 
>if you were to ask them for a reference, though they might decide
>to "forget" to issue your P45 or some other shenannigans.

I had that happen to me.  I gave the required notice period (1 week,
as I'd been there less than six months) and left.  Despite several
attempts to get them to issue my P45, they never did.  It can be a
real pain in the arse, as the inland revenue don't seem to be able to
grasp this scenario.  As I pointed out to one of them on the phone,
short of going around to my previous employer's offices with a
shotgun, there's not really a lot I could do.

>I trust you haven't got any outstanding expenses or bonuses waiting.

Even if he has, they'd still have to pay him.  The only thing they can
withhold is the money he would have earned during his notice period.
Paying him what he's owed is a separate issue to his breach of
contract.

>I did see this happen in one place I worked. A new recruit went
>to lunch on her first day in the job, phoned in during the afternoon
>and explained she wasn't coming back. The company took no action.

Not much they can do really.  They can hardly argue that someone who's
been there less than a day would be invaluable to the company or
difficult to replace.

"Andy Pandy" <spam8times@wonderful.spam.invalid> wrote in message 
news:6k51p2F64j4lU1@mid.individual.net...
>
> "Janitor of Lunacy"  wrote in message
> news:uObDk.5$fd.4@newsfe12.ams2...
>> Rob. wrote:
>> > Just wondering: what would happen if I just said "Bye. I am not coming
>> > back tomorrow" instead of giving the four weeks notice that was in the
>> > contract I had?
>>
>> Technically they can sue you for the cost of a replacement to cover your
>> work but in my experience this rarely happens, if ever.
>
> And more likely/importantly they could mention it in a reference.
>
Only important if the employee had worked there long enought o make it worth 
getting a reference.  If he'd only been in post a few weeks he might choose 
to use his pervious employer anyway.

wrote in message 
news:t05sd4l20bfejv4ht0nlttabktf6blmdri@4ax.com...
> On 26 Sep 2008 17:37:35 GMT, pete  wrote:
>
>>On Fri, 26 Sep 2008 21:35:17 +0100, Rob. wrote:
>>> Just wondering: what would happen if I just said "Bye. I am not coming
>>> back tomorrow" instead of giving the four weeks notice that was in the
>>> contract I had?
>>
>>Well there's a whole range of things that could happen.
>>Starting with: absolutely nothing
>>Ending with: they'd all have a party
>>
>>Depending on what the company and your (former) colleagues thought
>>of you. In practice pretty much the only thing that could happen is
>>if you were to ask them for a reference, though they might decide
>>to "forget" to issue your P45 or some other shenannigans.
>
> I had that happen to me.  I gave the required notice period (1 week,
> as I'd been there less than six months) and left.  Despite several
> attempts to get them to issue my P45, they never did.  It can be a
> real pain in the arse, as the inland revenue don't seem to be able to
> grasp this scenario.  As I pointed out to one of them on the phone,
> short of going around to my previous employer's offices with a
> shotgun, there's not really a lot I could do.
>
>>I trust you haven't got any outstanding expenses or bonuses waiting.
>
> Even if he has, they'd still have to pay him.  The only thing they can
> withhold is the money he would have earned during his notice period.
> Paying him what he's owed is a separate issue to his breach of
> contract.
>
>>I did see this happen in one place I worked. A new recruit went
>>to lunch on her first day in the job, phoned in during the afternoon
>>and explained she wasn't coming back. The company took no action.
>
> Not much they can do really.  They can hardly argue that someone who's
> been there less than a day would be invaluable to the company or
> difficult to replace.
If it was the MD they might be able to claim that.

"Peter Crosland"  wrote in message
news:-4-dnQZwypFrYkDV4p2dnAA@posted.plusnet...
> >> >>> Just wondering: what would happen if I just said "Bye. I am not
> >> >>> coming back tomorrow" instead of giving the four weeks notice that
> >> >>> was in the contract I had?
> >> >>
> >> >> Technically they can sue you for the cost of a replacement to cover
> >> >> your work but in my experience this rarely happens, if ever.
> >> >
> >> > And more likely/importantly they could mention it in a reference.
> >>
> >> Less so these days. As I understand it, it's considered unwise to say
> >> anything detrimental as it could be construed as defamatory, and
> >> companies
> >> now either tend to decline to give references or say something bland such
> >> as
> >> "He worked for us from <date1> and <date2>" and leave it at that.
> >
> > It's only defamatory if it's untrue. Some large companies may have a
> > policy of
> > playing it safe particularly where the person writing the reference may
> > not have
> > first hand knowledge of the exact circumstances.
>
>
> A get out is
>
> "When you have known X for as long as we have then you will think the same
> of them as we do".

Alternatively the "damning with faint praise" approach.

"He is usually punctual".

"He makes excellent tea".

"He was never caught stealing office supplies".

--
Andy

Andy Pandy wrote:
> "Peter Crosland"  wrote in message
> news:-4-dnQZwypFrYkDV4p2dnAA@posted.plusnet...
>>>>>>> Just wondering: what would happen if I just said "Bye. I am not
>>>>>>> coming back tomorrow" instead of giving the four weeks notice
>>>>>>> that was in the contract I had?
>>>>>>
>>>>>> Technically they can sue you for the cost of a replacement to
>>>>>> cover your work but in my experience this rarely happens, if
>>>>>> ever.
>>>>>
>>>>> And more likely/importantly they could mention it in a reference.
>>>>
>>>> Less so these days. As I understand it, it's considered unwise to
>>>> say anything detrimental as it could be construed as defamatory,
>>>> and companies
>>>> now either tend to decline to give references or say something
>>>> bland such as
>>>> "He worked for us from <date1> and <date2>" and leave it at that.
>>>
>>> It's only defamatory if it's untrue. Some large companies may have a
>>> policy of
>>> playing it safe particularly where the person writing the reference
>>> may not have
>>> first hand knowledge of the exact circumstances.
>>
>>
>> A get out is
>>
>> "When you have known X for as long as we have then you will think
>> the same of them as we do".
>
> Alternatively the "damning with faint praise" approach.
>
> "He is usually punctual".
>
> "He makes excellent tea".
>
> "He was never caught stealing office supplies".

and "You will be very lucky if you can get him to work for you"

In article <gbl6ro$5of$1@frank-exchange-of-views.oucs.ox.ac.uk>,
 "mert1639"  writes:
> 
> "Andy Pandy" <spam8times@wonderful.spam.invalid> wrote in message 
> news:6k51p2F64j4lU1@mid.individual.net...
> >
> > "Janitor of Lunacy"  wrote in message
> > news:uObDk.5$fd.4@newsfe12.ams2...
> >> Rob. wrote:
> >> > Just wondering: what would happen if I just said "Bye. I am not coming
> >> > back tomorrow" instead of giving the four weeks notice that was in the
> >> > contract I had?
> >>
> >> Technically they can sue you for the cost of a replacement to cover your
> >> work but in my experience this rarely happens, if ever.
> >
> > And more likely/importantly they could mention it in a reference.
> >
> Only important if the employee had worked there long enought o make it worth 
> getting a reference.  If he'd only been in post a few weeks he might choose 
> to use his pervious employer anyway. 

Some employers make it policy not to provide references at all.
-- 
SAm.

On 26 Sep, 18:37, pete  wrote:
> On Fri, 26 Sep 2008 21:35:17 +0100, Rob. wrote:
> > Just wondering: what would happen if I just said "Bye. I am not coming
> > back tomorrow" instead of giving the four weeks notice that was in the
> > contract I had?
>
> Well there's a whole range of things that could happen.
> Starting with: absolutely nothing
> Ending with: they'd all have a party
>
> Depending on what the company and your (former) colleagues thought
> of you. In practice pretty much the only thing that could happen is
> if you were to ask them for a reference, though they might decide
> to "forget" to issue your P45 or some other shenannigans.
> I trust you haven't got any outstanding expenses or bonuses waiting.
>
> I did see this happen in one place I worked. A new recruit went
> to lunch on her first day in the job, phoned in during the afternoon
> and explained she wasn't coming back. The company took no action.

but usually in the first month of employment, there's *no* notice
period. At least everywhere I've worked has been like that. Makes
sense as no matter how brilliant someone might have seemed at
interview, it's no point having them if they are going to cause the
rest of a team to leave. And yes, I have known people like that, and
yes, they were told not to come in tomorrow.

, there's not really a lot I could do.
>
> >I trust you haven't got any outstanding expenses or bonuses waiting.
>
> Even if he has, they'd still have to pay him.  The only thing they can
> withhold is the money he would have earned during his notice period.
> Paying him what he's owed is a separate issue to his breach of
> contract.

Yes but you can discover that the expenses are always paid at the end
of the month, which could lead to a 4-week delay. Then when you don't
get the cheque and complain they discover that they'd entered yours as
a special case, which had to be processed seperately. Then when you
call a week later they explain it has to wait till next months
expenses run. Then (8 weeks now) when you don't get the cheque they
assure it was issued, and they will have to cancel the cheque and re-
issue it*. Then when you call asking whats happening they tell you
that they're waiting for the bank to confirm the cancellation of the
cheque .... by now it's 10 weeks and counting ... then they will only
issue the cheque if you send in 2 forms of ID, as it's been so long
since you worked there ....


Had an insurance company try this stunt once. I phoned back in the
afternoon telling them not to worry about cancelling the cheque as it
had just arrived. Unfortunately I had accidently left my answerphone
on, which happened to catch the account manager telling me it was
impossible that I could have received the cheque as they had never
sent it ...