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Original poster

Will DH get in trouble for quitting without notice?

21 replies

pretentiousrubberduck · 17/05/2019 13:25

Does anyone know if you still get paid if you quit a job with no notice, whilst being 2 months into your probationary period? Are there any legal ramifications for doing this? Dh was in an impossible situation in a new job and felt like his mental health couldn't take any more, and he up and quit yesterday (a colleague has been bullying him since he started, essentially, and management have been no help). He does have another job lined up, he starts next week (had made contact with a previous employer before he quit who was very happy to have him come back). Any help would be great, thank you.

OP posts:
FannyWork · 17/05/2019 13:26

They should pay him for the work he did.

GnomeDePlume · 17/05/2019 13:31

If he leaves without giving notice then he is in breach of contract but there is little his employer can do about it. He cannot be forced to go into work.

As he is in his probationary period how much notice should he have given?

Original poster
pretentiousrubberduck · 17/05/2019 13:33

In his contract it says a week Sad

OP posts:
MulticolourMophead · 17/05/2019 13:37

What about giving notice and then getting signed off with stress? Wouldn't have to go in then.

Horsemenoftheaclopalypse · 17/05/2019 13:38

He can self certify as sick for the week if he wants

He should only be paid for days worked. Are you saying they aren’t doing this?
Your post is really unclear

UnicornBrexit · 17/05/2019 13:38

Go sick, he can self-certificate for a week, 'stress' is usually a good enough reason.

Two months is hardly going to make a difference to his CV, that can be airbrushed and never referred to again

HolyMilkBoobiesBatman · 17/05/2019 13:39

He will get paid for the work he has done but if he doesn’t work his notice period then he is in breech of contract as a pp said. I don’t know what the consequences would be in that case because as it is only a week it would seem more effort than it’s worth for his old employer to pursue but that’s not to say they won’t.

As it is only a week personally I would try to make arrangements to work it, although I know that is easy for me to say when I’m not in his position. He may find the employer tells him not to bother anyway. Plus if he makes it clear that he is willing to work the notice period but the employer does not allow him then he is entitled to that weeks pay.

RatherBeRiding · 17/05/2019 13:40

He must be paid for work he has done, but obviously won't be paid for any notice period, as he a) didn't give notice and b) didn't work notice.

Technically in breach of contract but there is nothing the employer can do except state in any reference that he left without giving notice.

However, if he starting another job straight away i assume he won't need a reference?

ChicCroissant · 17/05/2019 13:54

How has he not already given notice, if he is starting a new job next week? Did he intend to give notice, because it sounds like he intended to walk out

gingersausage · 17/05/2019 13:55

How can you be in breach of contract in a probationary period? The employer can let you go with no notice and for no real reason, so they have to expect it works both ways.

ChicCroissant · 17/05/2019 13:55

Sorry, posted too soon!

If he needs to give a week's notice, why did he not do this when he got the other job? If he's starting next week, it doesn't look like he intended to give any notice anyway.

KoalaTea · 17/05/2019 13:56

I would give notice as of today, then tell them he's sick from stress and self cert for the week.

GnomeDePlume · 17/05/2019 13:56

They cant drag him into work. He has to be paid for the work he has done.

Dont worry.

GnomeDePlume · 17/05/2019 13:58

gingersausage even within a probationary period there is normally a notice period (often 1 week).

diddl · 17/05/2019 14:00

Will he be doing his new job when he should be working out his notice?

TheRedBarrows · 17/05/2019 14:00

In his shoes I would send an e mail sating that he left work yesterday in a state of stress due to the ongoing behaviour of a colleague. That as the organisation are aware he has brought this situation to the attention of his manager but nothing has improved and he therefore feels too stressed to come back into work.

Would they therefore please accept this as his week's notice but he does not anticipate being able to return during this notice period due to the effects of stress and the working environment caused by the colleague. He looks forward to receiving his P60 and all pay owed to him. Best wishes.

Then they will have it in writing that he sought management help, felt bullied...and won't want to deal with any further complaint. So will probably pay his notice period as sick pay.

And he will have given notice.

DeathyMcDeathStarFace · 17/05/2019 14:07

If he has worked 2 months does this mean he has accrued one sixth of his holiday entitlement? If so he should have at least 3 days to take anyway, depending on what his holidays are, unless he has already taken some days off.

This would mean only having to sort out 1 - 2 days.

Most employers would let the week go anyway, never mind just one or two days, unless they want to be mean/picky/use him as an example to other employees etc.

But he will only be entitled to pay for the time worked and any holiday days owing.

number1wang · 17/05/2019 14:15

This reply has been deleted

Message withdrawn at poster's request.

runoutofnamechanges · 17/05/2019 14:30

Get him to call ACAS and they will help him write a letter/email and give advice. As PPs have said, he needs to sign himself off as sick (self certify for now and make a GP's appointment to get signed off). Effectively his notice period started yesterday.

The legal ramifications are that technically (but very unlikely) the company could sue him for breach of contract and he would be liable for any losses they suffer - eg lost income if his not turning up to work means they lose a job or the cost of covering his job with a temp for that week. But if he is signed off sick for his notice period, they can't do that as he has given them the required notice so not in breach of contract, he is just off sick. They will also have to pay him for the notice period if he is off sick (either SSP or full pay, whatever his contract stipulates) and any holiday pay for days not taken. However, that does mean that he shouldn't really start his new job until the end of his notice period.

floribunda18 · 17/05/2019 15:16

What Red Barrows said. If they threaten to pursue him, he should threaten to counterclaim against them for breach of duty in failing to protect his mental health. The notice period is only a week so I can't imagine this impacting on him starting his new job.

Original poster
pretentiousrubberduck · 17/05/2019 16:01

He called his old boss yesterday and asked if they would have him back, his boss said yes so he wrote up and printed his resignation letter and quit there and then. He found out today that he'll be starting back at the old job on the 28th, so wont be working for someone else during what should have been his weeks notice. It was spontaneous, he got back from lunch and his colleague had another go at him for doing something wrong (she hasn't trained him properly though, he didn't feel like he could ask her anything because she's so snappy and angry with him whenever he speaks) and he decided he couldn't take anymore. His mental health has really suffered, he's felt really isolated there and his anxiety has gone through the roof. He actually managed to get some proper sleep last night, so I think he made the right choice. He hasn't heard from anyone since he left, so not sure what they're thinking.
Thank you everyone for the advice.

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