Can you be forced to work your notice?

[WineAndNoodles]

Just wondering

If you really want to leave, can you be absolutely forced to work a long notice period (3 months) when your own notice period is only a week?

Yes. Sorry

Legally you are only required to work the notice as set out in your contract of employment.

Yes, unless you have the chance to maybe go off sick. But think about pay...

What is your contractual notice period? That is what you mutually agreed and that is what you need to work.

Sorry, I mis-read that. You can't be forced to work for longer than your contracted notice period, Parker is spot on!

If your notice period is one week then you have to work one week.

You would be in breach of your contract not to. very few employers would sue you for the cost of covering the job for any notice period not worked - however some would.

Not sure I understand the question - are you saying that the contract is one-sided and you have to give 3 months but they only have to give you a week?

If so, I'd walk especially if you can get references elsewhere. I don't think it would be enforceable. They might threaten you but they'd be hard pushed to justify such a one-sided contractual position.

Sorry miss read - you are only in breach of your contract not to do what your contract says. I’m not sure how your scenario could have occurred?

You don't HAVE to work any notice. You can ghost them and they cannot legally force you to come back to work. Obviously ghosting them has its own problems, mainly a bad reference.

Contractually yes, but if you don't then there is not a lot your employer can do about it. They can not withhold your pay in lieu of notice. The only thing they could do would be to take a civil action against you, and when did you hear of an employer bothering to do that?

Technically yes, but you may be able to strike a deal with your employer to leave earlier. You also need to speak to your HR department to see how much annual leave you will have accrued by the final day of your notice period. You might be able to take any leave you've accrued towards the end of your notice period so you can finish earlier, or they may be happy to pay you in lieu of unused leave, or you may lose it if you don't take it, if that makes sense.

You can try and negotiate a shorter period. If they refuse and just leave they don’t have to pay you the full notice period but have to pay you for all work done. They can raise a civil action against you if they can prove the business suffered financial loss due to you leaving. But this is costly and difficult to prove do rarely happens. Ultimately they can’t force you to stay and if you don’t need the reference it’s totally up to you.

Of course you cannot be forced to work three months when your nothing CEO period is a week.

Yup, that is exactly what the situation is. They can get rid of me in one week; and I have to give them three months notice.

I don't know why I signed it. I am a fairly intelligent person but honestly I had no idea I'd ever WANT to leave. But I do, and it's within two years so I have no rights at all as am employee, I know that.

I think going on long term sick would damage my future career, and I actually want to be ideally working for someone else.

And damn, yes, I should have joined a union. I know 😔

Nobody can physically force you to go in to work, but you might not get a reference.

They really could launch a legal action against me, as me leaving will damage their income. But they actually want me to go (!).

I think I may have to sit tight and wait and see if they offer me something to go quietly. And then I won't have to do the notice period. If a jump too soon, they will retaliate.

They can get rid of me in one week; and I have to give them three months notice.

Asymmetric notice sounds suspiciously unfair and may not be enforceable in a tribunal ?

Maybe this is better in "Legal" ? OP needs some good advice.

I’m required to give six months notice and Imagine my employer would hold me to the full period as they would need to advertise, interview and select a replacement and then wait for the new employee to work out their notice for their current employer. It can be a long process and an employer includes long notice periods to protect themselves.

None of which makes an asymmetric notice period valid if it came to a tribunal ?

Aside from it being unfair, you'd be in breach of contract if you don't work the three months.

Have you had a conversation to ask to leave earlier as sometimes an earlier exit can be negotiated.

Otherwise, accept it, and see it as a good time to solely work your hours and work at a manageable level - no need to be taking on crazy amounts of work and getting stressed.

You can't be forced to work, you can only be sued for damages.

But they actually want me to go (!).

Then ask for a ‘protected conversation’ and tell them you are happy to go and want an agreed reference and shorter period.