Leaving job without giving notice

[IJoinedJustForThisThread]

Does anyone know how likely it is than an employer would taken action if an employee resigned with immediate effect and didn’t work their 4 weeks’ notice? If it makes a difference to your answer, this is a barely-over-minimum-wage job, as opposed to a highly paid professional role.

For context, the employee committed gross misconduct and decided to resign before they were sacked, so I’m surprised the employer has mentioned breach of contract, I would have have expected them to jump at the chance of getting rid of the employee quickly.

They won’t spend the money chasing you! They won’t like it if you are difficult to replace and there’s no one immediately available to step into your shoes.

Presumably they would not expect to be paid for the four weeks? Any annual leave in hand or owed?

Too much hassle and too much money to bother trying to sue someone for not working a 4 week notice in a minimum wage type job. Wouldn't worry about it personally.

If the employee has four week's notice then there is no option to resign with immediate effect - I assume they've done that to try and avoid the disciplinary procedure but what they've done is flounced. If they'd spoken to the employer about it they may have been able to come to an agreement.

I would offset any monies owed to the employee, E.g. accrued holiday entitlement. So there'd be nothing owed to the individual.

It's not worth the hassle to pursue further. Obviously a reference wouldn't be forthcoming.

It's circumstance dependent. If there's genuinely gross misconduct than usually an employer would be happier not to go through the disciplinary process. Unless there's a third party involved to whom the employer would like to (or has to) demonstrate that they take misconduct seriously (beyond "The person involved no longer works here").

Are they running away from being fired, or from being investigated for the incident?

They won't come after you but might mention it to a future employer.

Better to try and agree an amicable parting and work it if they absolutely insist.

Or get signed off :)

Depends. Minimum wage job - unlikely to have much impact on leaving employee. Dependant on local job market of course. Also depends on why the employee did what they are supposed to have done - did the employer push them into those actions?
I know of a local case, and it didn’t end well for the employer when wanting to hire future employees - they are struggling to hire any in any position as a result of their threats. Type of tight knit employment where everyone knows everyone else.
Acas and union may be better placed to advise given every case is different.

I’d avoid doing that unless I definitely did not need a reference. It’s best to come to an agreeement, maybe 2 weeks instead of 4 or something. I understand the motivation to run away from a stressful disciplinary situation though.

In 15 years as an employment lawyer I’ve only ever seen such a claim brought once, and that was only retaliatory.

frankly if the employee is facing an investigation for gross misconduct and a claim was brought against them, they could try and argue that they were guilty and so would have been sacked in less than four weeks in any event 😅

I would have have expected them to jump at the chance of getting rid of the employee quickly.

I don't know. A power game?

I've left a company who were not willing for me to be announced as passing 'probation' but kind of insisted I work notice and return equipment, unlike the 5 temps and what was my support network whom they sacked/got rid of easy through a recruitment agency, but those who've actually never been pestered for the return of equipment and got to leave immediately AT their choosing. Just muggins here copped working any notice period even though it got to the point I told them my last day due to business quietness.

Did them a nice notice letter/resignation letter too, but still wouldn't dare ask them for a job back. (which probably is basically only why bridges aren't burnt)

It's a bit like all the nonsense that it is an Employee market - a 10 minute zoom call you are expected to fall in love with a company, the companies who would like no more then to mess around when a telephone interview is expected and there are those employers who offer 'one time interviews' only's so it can't possibly be just be all an Employees market.

So you leave any way you like.

By the time the gross misconduct has been investigated. A meeting held. An appeal made etc, it will be a month anyway. So it’s annrnotg threat by the employer. Especially with a long bank holiday in the next few weeks.

It’s an empty threat by the employer…..

I'm sure lots of people just leave jobs with no notice. We had a lady who resigned with immediate effect and no discussion a few weeks ago and, at my daughter's place, people are always walking out with no notice. Realistically, there's not much an employer could do, surely (although you wouldn't be counting on them for a reference)...

The employee (it’s not me, honest!) has got some accrued leave but not 4 weeks’ worth.

@LIZS Their final day of working was a couple of weeks before payday so the employer will be able to pay only what is due, rather than paying for the whole month and wanting their money back.

@DogInATent the employee was thinking that it would look better to future employers if they resigned rather than being sacked. It was gross misconduct but the employer does not need to demonstrate that they have been sacked.

@TizerorFizz I can’t see that they would be hard to replace.

thanks for the info, I shall pass it on and hopefully it will help out their mind at rest.

Been a while since I have been in HR so things may have changed (happy to be corrected) but the company could state on this individual's reference 'Resigned while under investigation'.

Also if the company does carry on the investigation (they might do this if the incident could shed light on a flaw in security for example) and they decide it is gross misconduct, that trumps the resignation.

Future employment is difficult whatever happens.

No it’s really not! Depends on industry and local employment percentages. Remember it’s a minimum wage job not managing director level.