What could happen if I leave before notice is up

[IveStillGotIt]

I hate my job, im a cleaner, and the other members of staff treat me like a skivy! We are short staffed, theres supposed to be two cleaners, but no-one sticks at it (apart from me!).
Ive been offered another job, but I need to be able to start ASAP, no later than 14th. However, my current employer requires 4 weeks notice.
What could happen if I dont go back after next friday?
Im not bothered about refs, losing holiday pay, bad feeling e.t.c
What I am worried about though is my wages for the hours I have worked.
Im due to get paid on 18th for the period 17th may-13th june, obviously if I dont go back after next friday, I wont get the final week, but would my employer by able to keep the three weeks wages that I did work for? Also could they take any legal action against me for not giving the correct notice?

Can you negotiate a start date of the 18th with your new employer? It's only 4 days later.

No, I need to be able to start on the 14th, my friend works there, and she said someone else who had went for the job had asked to start later, and the boss said no.
I was thinking of maybe not telling my boss im leaving, and phoning in sick after next friday, then say im not coming back, once my three weeks wages are safely in the bank!
Or putting in the four weeks notice, and phone in sick the second week, but im scared my employer might twig, and stop my wages going in!
My employer wont accept one weeks notice, as we are short staffed.
I was thinking of trying to get sacked, as a last resort!!!

Hmm, difficult.

I would phone in sick then say not going back after money is in the bank.

In theory your employer could take you to court to sue for damages in the county court for breach of contract, but there is NO WAY any employee would incur legal fees and waste their own time on chasing damages from someone working as a cleaner. It just would not be worth their while.

I would tell them you just cannot face coming back to work for them due to the impossible conditions you have been forced to work in. That will have them running scared that you might bring a constructive dismissal case, I can pretty much guarantee that will stop them giving you any problem.

Might seem a bit sneaky, but your employer has not given any thought to your welfare and you really need to look after yourself.

Just as long as you are sure you will never need a reference from them.

If you phone in sick then your P45 will show the last date you were employed which would let your new employer know that you were untrustworthy and were getting paid from two employers at the same time; the new employer might then let you go.

I wouldn't be getting paid from two employers at the same time, because my current employer doesnt pay sick pay, just the bare minimum ssp, and they would require a sick line from doctor.
I was thinking of just phoning in and saying it is my DS who is off school for a week (up until pay day), so any wages I recieve would only be for hours I have actually worked.
The only reason I am thinking about doing this, is because im scared they will keep my wages that I have worked for, if I dont give them four weeks notice.
If I knew for definate, that they could not legally withhold my wages that I have worked for, I would just give them a weeks notice. Like I said in my OP, im not bothered about a reference, and if I go for other jobs in the future, i'll just leave that job out, and explane the gap in employment as 'housewife'.

Is the new employer worth it if they dont recongise the importance of giving proper notice to old employer?

What does your contract say? I believe if you are paid weekly you give weeks notice. Monthly...months notice.

Look at acas website

Yes, legally they cannot withhold wages for the hours you have already worked. But they might do it anyway and you would then have to bring a tribunal case to get the money. The fact that you are in breach of your contract oes not entitle them to unlawfully withhold wages.

However, if you are taking action to get your money back they might just decide to take action for your breach of contract anyway. though they would have to show they had suffered a loss, which would be pretty difficult in the case of a cleaner.

onadietckebreak - yes, in an ideal world every employer would be entirely reasonable and wait for you to serve out your notice. But in the current economic climate a lot of employers are deciding that there are so many candidates they do not need to wait for spmeone who has notice to serve out. and this is a cleaning job. I think it is probably unusual to have a four week notice period for that kind of job, so plenty of other candidiates who would be able to start sooner. And most companies will take the easy option.

Notice period is usually specified in your contract, so if it says four weeks that is what it is by law. Only proviso is that employer cannot require you to give more notice than they would give you. I don't think there is any link of notice periods to frequency of pay. There is a minimum statutory notice period if nothing in contract, it depends on length of service.