Quitting without notice

[inspireme]

As some of you may have read on a previous post, I'm wanting to leave my current position in order to potentially start my own business.

My thoughts are that if I quit without noitce - my notice period being 12 weeks - I'll be paid 3 months payment as a gross lump. This will give me a huge boost towards the new business. By continuing to work, it would potentially take up to another 12 months to save what I'd receive as a 3 month gross payment lump sum.

Question is, is this correct? Will I be entitled to 3 months pay by quitting immediately? What about my benefits such as co. Car allowance? When would I receive payment, after the 3 months are up?

Thanks.

[DocJock]

Why on earth would they pay you for not working your notice and leaving them in the lurch?

[boobles]

If you don't work your notice, they don't have to pay you. Has that inspired you to work it?

[inspireme]

Because the company have, in the past when getting rid of people, paid them their notice period in full by putting them out on garden leave.

They're unlikely to want to leave me in my current position once I've put my notice in.

[GadgeS3C]

anonymous said:

[redacted]

Sound advice. You MAY be able to get out without working your 3 months and with 3 months pay (probably taxed unless it is classed as redundancy pay - I think but I'm no expert) but you'll need to engineer a position where that happens. It almost certainly won't happen if you just say I'm quitting and I'm leaving now. Again, I'm no lawyer but that sounds like that puts you in a breach of contract situation.

Just quitting is not likely to get you a pile of "free" cash.

I think you need to pause and think what next. Please don't do anything rash or hasty.

Edited by GadgeS3C on Friday 29th June 12:01

[wormburner]

Good luck OP.

In your resignation letter, remember to use lots of different colours and draw a picture of an enormous man and a lady next to a little house, with some huge flowers, and some sky and some grass. Stay inside the lines as much as you can.

[2 sMoKiN bArReLs]

If you're going on your own, is it in a similar line of work? Check that there's nowt in your contract to try to stop that.

[wollowizard]

When you start your new business, would you be looking to employ someone like yourself that wants something for nothing?

[Barbarossa]

If you walk out without notice, you are in breach of contract. The company could:
- Not pay you for the notice period
- Get an injunction to stop you working anywhere else (or for yourself) for the duration of the notice period.
- Sue you for breach of contract and look to recover any losses that your action caused. E.g. the cost of employing a temp to do your work.
Tread carefully!

Edited by Barbarossa on Friday 29th June 13:54

[Coxy914]

inspireme said:

Question is, is this correct? Will I be entitled to 3 months pay by quitting immediately? What about my benefits such as co. Car allowance? When would I receive payment, after the 3 months are up?

Thanks.

Personally speaking, if you even have to ask the above question, are you really in a position to start your own business up?


Ask yourself this: You start your own company, all is going well.....

You employ someone, after time, they decide to quit to start up themselves but expect you to pay them for 3 months whilst they do so....

What would your reaction to that be?

As an employer myself, I'd show them the door and be done with it. If you've handed your notice in, as opposed to being made redundant, then your not entitled to a fat lot of anything.
Some people may be required to work their notice. Some larger companies may see it in their interests after making someone redundant to offer them garden leave, but it is very doubtful you'll get this if you hand your notice in. You will contractually be required to work your notice. Very few employees will let you go early or pay you to sit at home, and then pay someone else to cover your role.

Edited by Coxy914 on Friday 29th June 17:49

[jagracer]

The OP is getting a little confused here. He says people have been got rid of immediately and paid 3 months pay or they've given 3 months notice and told to go immediately and given 3 months pay. He thinks if he just walks he will be given 3 months pay which makes me think he might not have the wherewithal to actually run his own company.

[Engineer1]

One, you are likely to get Gardening leave if you are going to a competitor where your knowledge of the companies business is worth something so 3 months gardening leave means you are 3 months out of the loop.

Two a company may let someone go/ make them redundant and again pay them in lieu of notice but this is because they have decided they don't need you.

You seem to want to be able to quit early and do your own thing whilst still being paid by them... No I can't see any reason why a business wouldn't want to pay you to work for someone else.

[crofty1984]

inspireme said:

Because the company have, in the past when getting rid of people, paid them their notice period in full by putting them out on garden leave.

They're unlikely to want to leave me in my current position once I've put my notice in.

That's when the company are quitting YOU.

If you quit them, why would they want to pay you for nothing? They'll want you to work your notice so they get value for money and it gives them time to find someone else. Your argument seems to be "well I won't be much good if my mind is elsewhere" but that'll be better than nothing if you're sat at home on your arse.

In happier news, good for you, you didn't seem to be happy at all there going by your previous thread.

[anonymous-user]

OP - seriously?

[Silver]

I was on 3 months notice in a previous job. I handed in my resignation and they told me I could work my notice or they could let me go the next week without the pay.

Frankly, I think you'd be lucky to get 3 months pay in lieu.

[Fer]

garyhun said:

OP - seriously?

Is he rich yet?

[davepoth]

inspireme said:

Because the company have, in the past when getting rid of people, paid them their notice period in full by putting them out on garden leave.

They're unlikely to want to leave me in my current position once I've put my notice in.

When you are on gardening leave you are still technically in the employ of the company. In your contract it will tell you this - if they want you in the office you have to come in. As a result of still being employed you won't be able to start working at a competitor (i.e. the company you are about to set up if applicable) until your notice period finishes.

[CypherP]

Fer said:

Is he rich yet?

I can just picture the slogan on the side of his van. "Open 7 Days, but I only work 3".

Soon to feature on Cowboy Traders.

[Tyrewrecker]

inspireme said:

As some of you may have read on a previous post, I'm wanting to leave my current position in order to potentially start my own business.

My thoughts are that if I quit without noitce - my notice period being 12 weeks - I'll be paid 3 months payment as a gross lump. This will give me a huge boost towards the new business. By continuing to work, it would potentially take up to another 12 months to save what I'd receive as a 3 month gross payment lump sum.

Question is, is this correct? Will I be entitled to 3 months pay by quitting immediately? What about my benefits such as co. Car allowance? When would I receive payment, after the 3 months are up?

Thanks.

Don't be so stupid. If you are asking this I seriously question the viability of you running your own business.

[paulrussell]

If you told your employer what you've said on here I'm sure they'd laugh.

Also since you've said in your other threads that you're a longterm member, but didn't feel comfortable using your other profile, have you asked Garlick if you're allowed two profiles?