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Original poster

Not Enough Notice Given

21 replies

catlady2021 · 26/04/2021 22:29

Hi name changed here as don’t want to put myself. I’d appreciate some advice please.
DH works for the Prison service and has done for about 8/9 months. He’s been really stressed recently , breaking up fights and seeing self harm etc and applied for a few jobs. A few times he’s almost broken down with the job.
This afternoon he was offered a job but they asked him if he could start in 3 weeks. If he couldn’t , he’d have to wait until August. He accepted as he can’t bear the thought of another few months where he is.
Anyway, he apparently has to give 4 weeks notice. He’s written out his letter and will hand in tomorrow at work but he’s worried that he hasn’t given enough ( 3 weeks).
Can DH be in trouble for breach of contract? What would be the repercussions? What could happen?
DH has come home a few times and almost convinced himself not to go in the next day. But he always did as he’s never walked out on a job, in 30 odd years he’s been working.
I don’t want DH to do a job that makes him this stressed, and in a way I’m glad he’s leaving but don’t want him to get into trouble for not giving the full notice period.
Any advice?

OP posts:

autumnboys · 26/04/2021 22:32

Has he got any annual leave to use up? Some employers would be happy for him to use leave to shorten his notice period. Hope he finds the new job less stressful.

Original poster

catlady2021 · 26/04/2021 22:46

Well he has about 30 days a year leave. including bank holidays .He’s just had a week off and the holiday year started in March. Not sure if he’s owed any. Could he request to take it unpaid otherwise?

OP posts:

TheTeenageYears · 26/04/2021 22:50

He could explain how the job has been making him feel and that it was this or go to the doctors with stress and be signed off work. Has he ever indicated to anyone at work how he feels? They could possibly back him up. In this situation honesty really is the best policy.

flowery · 26/04/2021 23:48

He can ask to use up holiday if he has any, or to be released early. If they refuse and he doesn’t turn up, he will be in breach of contract. Technically they could bring legal action against him but it’s unlikely as they will not have incurred enough financial loss to make it worthwhile.

Obviously it might affect his reference though.

prh47bridge · 26/04/2021 23:53

Your husband would be in breach of contract if he does not serve his full notice. In theory, the prison service could sue him for any costs they have incurred as a result. In practice they are unlikely to do so as their losses would be small (at most, the difference between your husband's wages and the wages of a temporary member of staff for one week) and the courts are reluctant to support employers in this situation. The worst that is likely to happen is that they won't give him a good reference (or, possibly, any reference).

Having said that, he should try negotiating an early exit with his employer.

SardineJam · 26/04/2021 23:57

It won't affect his reference given that in the UK references generally only confirm job title and salary, if he leaves after 3 weeks there is nothing much that the employer can do - they wouldn't pursue him for breach of contract. Only thing he should be aware of is the inability to be re-employed by them and potentially in other parts of the public sector

flowery · 27/04/2021 00:47

”It won't affect his reference given that in the UK references generally only confirm job title and salary”

You say that with such confidence! Thousands of UK employers would not hesitate to confirm in a reference that someone walked out without working their notice in breach of contract. It is irresponsible to state with any degree of confidence that walking out in breach of contact won’t affect a reference.

chatw00 · 27/04/2021 02:44

This reply has been deleted

Message withdrawn at poster's request.

chatw00 · 27/04/2021 02:45

He needs to give four weeks notice - but it would worth him speaking to his manager (or whoever) to see if he can go after three weeks - ie, explain the situation and say he'd like to start this new role on xyz date. Or use a week's holiday.

timeisnotaline · 27/04/2021 02:49

He hands in his reference, talks to his manager and says starts at the new place and is happy to take annual leave for a week and as much of the notice period as they want him to if he wants to play nice- it reduces the amount they have to pay him out after all.

If they say not ok, he says his mental health means he just can’t keep coming in. He’s so relieved to have something else but he would have had to quit anyway, and he will get signed off by a doctor to avoid doing 4 more weeks.

BlackCatShadow · 27/04/2021 02:55

I agree with talk to his manager and see if he has enough holiday to cover that last week.

Original poster

catlady2021 · 27/04/2021 06:34

Thanks for your replies. DH is still on probation too. Although he’s not quite giving a month, he’s giving three weeks. He hates this situation he’s in but feels there’s noting he can do as he can’t face another four months. He doesn’t intend to work in this job ever again either.

OP posts:

Margaritatime · 27/04/2021 06:52

Most Civil Service Departments would accommodate this, they are usually very pragmatic. He just needs to talk to his manager. Any reference will be minimal with just dates etc.

I once had someone resign at 2:30 on a Friday to start a job on Monday, I just made them fill out all the leaving forms and hand over pass etc. There is no way you can make someone work their notice.

timeisnotaline · 27/04/2021 07:04

Isn’t probation a mutually shorter notice period?

Original poster

catlady2021 · 27/04/2021 07:05

Thanks Marg.
I spoke to my brother who’s a supermarket manager, he’s used to recruiting staff and staff leaving.
He said my DH should just give as much notice as possible and say that’s his last date of work. If they don’t accept this all he could do was go off for his last week, with sickness/ stress.
The alternative would be people would just go sick straight after resigning, meaning the employers would have to pay them to be off and pay someone else to cover them. Meaning the employers would have financial losses.
Surely it’s best to help the employee leave on good- ish terms and no one loses out that way?...

OP posts:

Aprilx · 27/04/2021 11:18

@catlady2021

Thanks Marg. I spoke to my brother who’s a supermarket manager, he’s used to recruiting staff and staff leaving. He said my DH should just give as much notice as possible and say that’s his last date of work. If they don’t accept this all he could do was go off for his last week, with sickness/ stress. The alternative would be people would just go sick straight after resigning, meaning the employers would have to pay them to be off and pay someone else to cover them. Meaning the employers would have financial losses. Surely it’s best to help the employee leave on good- ish terms and no one loses out that way?...

I think it sounds perfectly reasonable for him to try to negotiate a shorter notice period. If it is not agreed and he tells them he is leaving anyway, it will probably leave a sour taste, but they are very very unlikely to do much about it, other than perhaps state this in a reference.

I don’t think it would be helpful to state arguing about it surely being better to leave on good terms, when it is your husband that is the one who could be breaching contract. And the notice period generally works well and most people do work it. I do understand why it would be desirable here, but in your latest post you almost seem to be going in the attack and I don’t think there are any grounds to.

idontlikealdi · 27/04/2021 11:24

If he's only been there 8/9 months he is presumably still in probationary period. It might be four weeks contractually after probation but as someone with under one years service I doubt they would disagree to a shorter time frame.

Original poster

catlady2021 · 27/04/2021 13:21

**I don’t think it would be helpful to state arguing about it surely being better to leave on good terms, when it is your husband that is the one who could be breaching contract. And the notice period generally works well and most people do work it. I do understand why it would be desirable here, but in your latest post you almost seem to be going in the attack and I don’t think there are any grounds to.

I wasn’t suggesting he does that. I just meant DH could effectively have gone sick after resigning from stress and not gone back. He has until done that, he just wanted to give a weeks less notice than he should have. He isn’t trying to cause any arguments, or say he wants to leave on good terms. He’s doing a job that’s caused him stress and has found something else. He doesn’t want any conflict, that’s the last thing he wants.

OP posts:

Original poster

catlady2021 · 28/04/2021 19:37

So DH went to work the other day. He did give three weeks notice and apparently it’s fine as he’s actually owed 2 weeks leave.
So he’s actually finishing earlier than he thought.
So all was fine in the end. Apparently being on probation is slightly different to being out anyway in terms of notice periods. And he wasn’t in breach of contract!

OP posts:

whatisforteamum · 29/04/2021 10:04

So pleased for your good outcome it must be a relief for him and you.

autumnboys · 29/04/2021 19:21

That’s great, OP, must be a relief for you both.

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