Whats the point of staff contracts!

[Golfman]

A member of staff tells me on Monday that he is leaving on Friday.

I remind him that he has been employed for over 2 years and signed a contract saying he must give a months notice etc. HE says I don’t care I am leaving on Friday.

I speak to the legal people at the FSB who basically tell me there is nothing I can do…!?

If the shoe was on the other foot and I just sacked him without notice I would be screwed!

Has anyone else experienced this?

[croxsons]

I think that you can surely deduct pay as he will be surely taking more "holiday" that he is entitled too? It just depends how holiday is calculated of course.

[restoman]

You could take him to court for breach of contract and claim damages if you can prove that him not giving notice financially damaged your business.

[JustinP1]

Golfman said:

A member of staff tells me on Monday that he is leaving on Friday.

I remind him that he has been employed for over 2 years and signed a contract saying he must give a months notice etc. HE says I don’t care I am leaving on Friday.

I speak to the legal people at the FSB who basically tell me there is nothing I can do…!?

If the shoe was on the other foot and I just sacked him without notice I would be screwed!

Has anyone else experienced this?

Been in the same position myself.

The sneaky sod happily arranged a new job without telling me then waited a few weeks until payday and his wages cleared in case I made deductions, then let me know the same day giving me about a weeks notice. To somehow justify this instead of a formal resignation, he sent me a personal attack citing that his employment was full of my failings that for some reason he had failed to inform me of until that day... Ho hum...

Made him wait until his next payday to let him know that he wasnt entitled to any more pay as I worked out with the holiday he had already taken that he actually owed ME money. About 6 quid. He was fuming and I never heard of him again, until five years later a new employer in the aviation industry by law had to get a reference from me. I happily told them of his circumstances of leaving.

Legally this is a breach of contract. You are entitled to damages. Of course if you breached an employment contract for example like not paying them the right amount they would scream blue murder, but most who do this type of stunt don't think about it the other way and their contractual responsibilities.

I have made this clear in all of the contracts I have written in the last few years that if the employee does not serve notice the damages are liquidated at the total cost it would be to get an equally qualified temp at short notice from an agency to complete their notice on their behalf. Further to this, this can be deducted from their final amounts owing to them.

That way it easily outweighs any holiday pay still owing, and any work done since the last payday.


Technically you could still enforce this. If you were to put a figure on the damages and write to him and tell him that you have taken this from his wages owed then this would probably not result in many repercussions IMHO apart from karma biting his arse.

Edited by JustinP1 on Friday 4th April 00:48

[Chrisgr31]

As an employee it seems to me, regardless of your view of the employer, stupid to try and screw your employer like this.

You never know when you are going to need a reference, or come across them again!

[Vesuvius 996]

Just forget it and move on. He's mentally out of the door anyway.

[Golfman]

You wont beleive this, the cheeky fker just said if he doesnt like his new job can he come back!

[superlightr]

Golfman said:

You wont beleive this, the cheeky fker just said if he doesnt like his new job can he come back!

April 1st?


Your kidding????? hahahahahahhahahahahahhahahaha.




please let us know what you said.

[JustinP1]

Golfman said:

You wont beleive this, the cheeky fker just said if he doesnt like his new job can he come back!

Wonders never cease!

Did you tell him where to get off!? I guess the empathy gene for understanding other people situations did not end up with him.

I might have been blunt and told him about how common it was to get a reference for an ex-employee which has the question:

"Would you employ this person again?" and "If not, please explain why...."

...and the fact that the one thing which is universally hated by employers is people who told fulfill their notice.

[Golfman]

I think it is a case of thinking the grass is greener, but now he has realised he is actually leaving and his new job might not be so wonderful I think he is crapping himself.

What did I say... I was in shock as I did initally did think it was a April 1st joke! Then I told him in a big words way to fk off!

[BiggusLaddus]

Tell him you'll consider it, then wait until 4weeks after he first gave in his notice and say you accept his resignation - goodbye.

[zadumbreion]

Every time I have had someone leave "under a cloud", I haven't been asked for a reference. I presume they somehow convince the new employer that I wouldn't give a fair reference or something..? Probably claim it was personal differences or something that made them leave....

Come to think of it - the only time I *have* been asked for a reference was for a guy who left who was good...

[Ash 996 GT2]

None

It is a one way trust.

You have no power over the employee, they get what ever they want.

I am lucky, we have good people and in some cases when they leave, often want to return as they miss the variety of work we offer. This has just happened and we have welcomed them back with open arms.

Put it down to experience, not all employees are bad.

[Don]

Here's a thing.

What goes around comes around.

Employees need references. If not today? Then one day.

Yes. I am the HR Director of my firm. And yes. I have zero compunction.

On the flip side I am still writing highly positive references for a couple of ex-employees to this day.

What goes around comes around.

[Phil-S]

On the way up always treat people the way you would expect to be treated yourself as you never know when you might need them on the way down.

It is simple advice, but unfortunately is lost on many.

[telecat]

Given the notice most employers take of the contracts do you blame him!!!!

[tigger1]

zadumbreion said:

Every time I have had someone leave "under a cloud", I haven't been asked for a reference. I presume they somehow convince the new employer that I wouldn't give a fair reference or something..? Probably claim it was personal differences or something that made them leave....

Come to think of it - the only time I *have* been asked for a reference was for a guy who left who was good...

Often only asked (when applying) to give 2 references - not "2 from your last 2 employers" etc

[JustinP1]

telecat said:

Given the notice most employers take of the contracts do you blame him!!!!

I am presuming in the OP's case the employee got paid what his contract said, on time, he got his paid holiday etc etc etc...

When it has happened to me it was in cases I not only fulfilled the contract to the letter as above, but went above and beyond this.

I really don't think that the situation is a 'tit for tat' one.

[grumbledoak]

Vesuvius 996 said:

Just forget it and move on. He's mentally out of the door anyway.

Wot ^^^ he said. The employee is in breach of contract, but a business cannot normally get material sums of money from an employee (they don't have it) and the attempt would look terrible if it went to press. Even if you do guilt trip him into showing up, you cannot make him do his job properly. At best he'll do little or nothing, at worst he'll be disruptive.

It's crap, but move on.

Edited by grumbledoak on Tuesday 22 April 22:24