Breach of contract - employment

[aceparts_com]

Hi,

My brother is in a 30K pa job and signed up to a 3 month notice contract. He handed his resignation in last month but due to stree he's decided he's had enough and won't return to work

Apparently the contract says that if you're off for 5 days without contacting them then the contract is automatically terminated.

Anyone know where he stands - what's the worst that can happen to him?

[boiler]

I'm not a lawyer, but I think the worst they could do would be to seek compensation for breach of contract. I think they would have to prove that they had incurred specific losses due solely to his breaching the contract, and this is generally quite difficult to do - unless he was going to work for a direct competitor.

I was in a contract with 3 month notice period a couple of years ago, offered 1 month notice and it was accepted.

Perhaps talking to them would be better? Rather than waiting to see what they would do.

Andy.

[aceparts_com]

Apparently they're real A holes. The accounts manager told him that the bosses wanted to withold a couple of weeks wages - just to be difficult, so he figured he'd might as well go as he was paid up to date.

[Davel]

What's stree?

[aceparts_com]

stress mis spelt

[Hughesie2]

Get a Dr to sign him off with stress but he may only get SSp...

[Alex]

What's stress?

[Hughesie2]

Alex said:

What's stress?

Come and work for me and i'll show you stress

[aceparts_com]

That's what I told him! - 'How many bulbs do I get in a pair? What colour white is it'

I wondered, can I sue the government for having to work to live? Maybe I could sue for stress relating to having to work for a living??? Any takers?

[Jasper Gilder]

This happens from time to time in all industries. They can't withold his pay without his permission as it would be an unlawful deduction. They can't force him to work his notice as that would be forcing him to work against his will which is illegal (slavery). They might try a civil action for breach of contract but it's hardly worth it as they would have to prove a foinancial looss by not having him which is greater than the 10K saving they are making
Effectively an emplyment contract ceases to exist if one party ceases to fulfill their part and that is what he has done..

When I walked out of a job which required 12 weeks notice and gave six my boss suggested I couldn't do it - soon changed his mind when it was pointed out to him that after a certain date my room would be empty!

[wedged1]

Unfair dimissal...regardless of what a contract says an employer must abide by the statutory dismissal procedure even in breach of contract cases which looks as though this would apply....