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Original poster

Do you have to work your notice?

23 replies

AwayinaKayzr · 20/12/2011 17:26

If you say you are leaving your job do you have to actually work the notice?

DP works away and to start his new job it means he can't go to the old one to work his notice. This is because he won't be able to get home from the old job to get to the new one.

The personnel woman has said he has to go to work. But surely he doesn't actually have to go?

OP posts:

Hassledge · 20/12/2011 17:29

Yes, he has to work it - the notice period requirement will be part of his contract of employment. There's no way of telling whether the old employers would bother to pursue him if he just didn't show up, though.

Has he talked to his line manager etc? If they have a quick replacement, there might be some flexibility.

Lougle · 20/12/2011 17:31

Of course he does! That's why it's called 'notice period'.

NoMoreWasabi · 20/12/2011 17:33

Of course he is meant to go. He has a contractual obligation to do so and shouldn't have told his new job he could start until he had worked his notice! You'd be rightly up in arms if his employer decided to terminate his contract for no good reason without giving him his contractual notice or paying in lieu of it.

However, in practice the chances of his old employer suing him over him not doing so are low. May affect any future reference though.

Original poster

AwayinaKayzr · 20/12/2011 17:33

But legally does he have to? Several other people haven't worked it in the same company.

OP posts:

keSnowBi · 20/12/2011 17:35

They can't physically force him to go in, but if he didn't he would be in breach of contract. And you can be damn sure they won't give him a reference or say anything nice about him ever again. As Hassledge says, he needs to talk to his line manager and see if there is any negotiation.

He really should have warned his new job he has a notice period - bit daft.

reallytired · 20/12/2011 17:37

He doesn't have to work his notice, however his employer are entitled to sue him if he doesn't. Ie. They would have a case to make him pay for emergency cover.

Does he have any annual leave. I would have thought it would have been in no one interest to force someone to work their notice.

NoMoreWasabi · 20/12/2011 17:37

Legally yes he has to go in. Not to do so is breach of contract. If he doesn't do so they COULD take legal action for damages but its very rare.

Original poster

AwayinaKayzr · 20/12/2011 17:38

He did warn them that he had a notice period. He works away for 5 weeks and has to give 4 weeks notice. He doesn't start his new job until after the notice finishes but as he is at sea the company he is leaving said they won't let the ship go into port so he can get off to go to the new job. So he will lose the new job.

The companies don't give references so that doesn't affect him. They do it through word of mouth from other employees.

OP posts:

Original poster

AwayinaKayzr · 20/12/2011 17:39

He doesn't get annual leave so can't use it.

OP posts:

NoMoreWasabi · 20/12/2011 17:41

He really should have thought of this before accepting the new job.

Original poster

AwayinaKayzr · 20/12/2011 17:43

Well he won't be going back so they will just have to sue us. They have breached his contact enough times. He hasn't been paid properly and he is always made to work longer than the 35 days in his contract and then made to have less than the 35 days off that are in his contract.

OP posts:

keSnowBi · 20/12/2011 17:49

Well, if he isn't worried about upsetting the company he's leaving, there isn't a great deal they can do about it. It is breach of contract and I suppose they could sue but it's highly unlikely - the fact that others have left with no comeback suggests they won't.

All I can say is if it is a tight-knit, specialist industry where you need a good reputation it's a bad idea, if it's not then I don't think he'll have a problem. It's really not the 'right thing' to do, but I doubt anything will happen.

Hang on - they won't let him get off the ship??? So if he works his notice he loses his new job? That's pretty rubbish actually.

keSnowBi · 20/12/2011 17:50

My brother worked for a large, famous cruise company and he walked after numerous breaches of his contract. No repercussions at all.

RickGhastley · 20/12/2011 17:51

He is legally entitled to receive annual leave. Look at what the legal minimum leave entitlement is (5.6 weeks) and check he has received this. If not you could use this as a bargaining chip with his current employer.

Original poster

AwayinaKayzr · 20/12/2011 17:54

Yeah the email from the company said he wouldn't be able to leave the ship as they wouldn't be able to go to port. He has to be in Singapore for a medical on a specific date and would miss this if he went to work his notice.

He gave his notice a week ago and they have only just decided to reply with this. So he was always intending to work his notice but has no choice now.

OP posts:

Original poster

AwayinaKayzr · 20/12/2011 17:55

Rick I don't think he does as he works 5 weeks on and 5 weeks off so I don't know if it works like that.

OP posts:

NoMoreWasabi · 20/12/2011 18:54

Bear in mind most of the above advice is based on the English position. If he is working offshore then other provisions may apply. If he is in a union he should speak to them.

reallytired · 20/12/2011 20:02

"He hasn't been paid properly and he is always made to work longer than the 35 days in his contract and then made to have less than the 35 days off that are in his contract."

Well then I don't think there is a lot the company can do. He can say he walked out because of breech of contract. If your employer is bad about paying you then you can legally walk out. Its constructive dismissal.

hairytaleofnewyork · 21/12/2011 08:57

"Yeah the email from the company said he wouldn't be able to leave the ship as they wouldn't be able to go to port. He has to be in Singapore for a medical on a specific date and would miss this if he went to work his notice.

He gave his notice a week ago and they have only just decided to reply with this. So he was always intending to work his notice but has no choice now."

He should reply "as you ware unable to facilitate my departure at the end of my contractual notice period, which falls on xxx date, I will not be biloardimg on yyy as it would mean that I would be unable to commence my new job on yyy". Tell him to keep their email in case they do try anything legal later.

hairytaleofnewyork · 21/12/2011 08:57

Whoops "are" and "boarding"

keSnowBi · 21/12/2011 10:40

wasabi is right - the laws of whichever country the boat is registered to will apply, not necessarily the laws of the UK.

I like Hairy's email, OP - covers his arse nicely. They sound like dicks.

Original poster

AwayinaKayzr · 21/12/2011 18:02

Thanks everyone.

Hairy, I will get him to email them that.

Its been awful since he started with them 18 months ago and they have already replaced him so it can't be too much of a disaster for them.

OP posts:

tiggersreturn · 25/12/2011 17:07

Just to clarify the law is likely to be that of the employing company not the flag of the vessel. There should be a governing law clause in his employment contract. Employing company is likely to be registered somewhere different to either the owner or the flag state.

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