Should employee be working notice?

[Custardtarte]

Employee has been off sick for 3 days with sickness bug, let me know she'd be offsick half an hour after shift started (restaurant). Now has messaged me to say she's leaving with immediate effect. Was rostered in to work tomorrow and the weekend. Contract says 4 weeks notice, this was sent out when job offer accepted, but not yet signed as was only 6weeks ago that started. AIBU to expect her to have given us some notice, at least a week? She's moving house just now and it feels like we've been dumped in it so she has more time to pack

If she hasn’t signed a contract, I think you’d have trouble enforcing it. But equally you don’t need to pay her notice or holiday pay.
And would you feel confident sending someone you know for sure you can’t trust?

Well it seems clear she isn’t going to, do whether she ‘should’ or not doesn’t really help you tbh. Think you need to start working on Plan B!

Yes you're right! Plan B in motion. Just annoying that other staff have to be called in to cover and I have to be away from my kids so I can sort out someone else's shit!! I know it's all part of being a business owner but asking a little common decency and redirect doesn't seem too much to ask. We are good employers

Learn from this. Get the contract signed as part of the induction during the first couple of days.

Having started 6 weeks ago really isn't any reason for not having signed the contract, and I employ a lot of people too so I do know how frantic the first day can be!

She's obviously not bothered though so she isn't going to come to work out of any moral obligation. Annoying for everyone else but at least it's short term and it's probably for the best that she's leaving

She's been there six weeks and hasn't signed a contract? Why on earth not?

My staff sign contracts on day one - they don't even go on the shop floor without having signed contracts and done all the necessary health and safety bits.

Signing the contract when she started would make no difference. For whatever reason she does not want to work for you anymore and there is nothing you can do to make her work her notice. While it would be the right thing to do for her to at least work part of her notice and not leave you in the lurch, she clearly doesn't care.

You really don't want a non committed employee working their notice anyway even if you attempted to enforce it. You'll never be sure whether she'll turn up.

Whether or not the contract was signed is a red herring. The employee doesn't need to sign a contract to be bound by it.

The OP could, in theory, take action against the employee for not working their notice. The employee could be liable for any costs the business has incurred as a result. So, for example, if the OP needed to take on a temp to cover and the temp cost more than the missing employee's wages, it may be possible to recover the difference from the employee. However, it is unlikely to be worth going down this path. In most cases there are no identifiable additional costs or, if there are, they are too small to be worth pursuing.

She clearly doesnt want to work for us anymore, I do feel let down by the inconsiderate last minute email (an hour after she should've started her shift) and the lack of feeling at leaving us and the rest of the team in the lurch....but after consideration it feels like a lucky break as she wasn't doing great in her role. Short term problem but in the greater scheme of things we can now look fir the right person fir the role.
Thanks for all the advice and I will now be sure to get contracts signed straight off!

Your own contractual notice does not supersede statutory notice, which at that time of employment is only 1 week - you'd therefore only be able to claim losses for 1 week rather than your 4 weeks contractual anyway. Sounds like you're better off with her gone, you will have to pay her accrued holidays up to her last shift as these have been accrued (frustrating I know) if she is paid cash and chooses not to come and collect her final pay packet that's up to her though

If she signed a contrac then she should work and be paid notice. If not you don't need to pay her. Perhaps as you say your better off with out her.

Your own contractual notice does not supersede statutory notice

Yes it does. Contractual notice cannot be shorter than statutory notice but it can be longer. So, in the OP's case, the employee was required to give 4 weeks notice. However, as it appears she is covering the OP's absence by rearranging shifts for other employees, it is unlikely that there is any identifiable loss due to the employee's failure to give the required notice.

Whether or not the contract was signed is a red herring. The employee doesn't need to sign a contract to be bound by it.

Exactly. And so is the employer.

beta.acas.org.uk/what-an-employment-contract-is