Our Employment Legal Hour is hosted by Joanna Sutton, Senior Associate in our Employment Department.
If you require further help regarding employment law please phone us on 01279 755777 or contact Joanna Sutton directly.
Our Employment Law Team will be hosting the Nockolds Legal Hour on the following dates:
|Wednesday 8th August 2018 ||12pm - 1pm |
|Wednesday 19th September 2018 ||12pm - 1pm |
|Wednesday 31st October 2018 ||12pm - 1pm |
|Wednesday 12th December 2018 ||12pm - 1pm |
Our Latest Legal Hour Questions (08/08/18) Read your previously answered questions here
I have resigned from my job but don’t want to work my notice period. What are my options?
Technically unless your employer agrees that you do not have to work your notice period, or your contract says otherwise, then you are legally obliged to continue working. If you fail to do so then it is likely that you will be in breach of contract and you will not be entitled to receive any payment for what would have been the notice period.
Your employer could also try and take action against you for the losses that they have suffered because you have not worked the notice period, such as the expense of employing someone else to cover the work that you would otherwise have done.
If the reason you do not want to work the notice period is due to stress or other ill health then you should speak to your GP who may decide that you ought to be signed off sick. If so, then you would have a legitimate reason why you cannot work the notice period. However, you should be aware that you may not be entitled to receive full pay for this period; depending on the length of the notice period when compared to your minimum legal entitlement then you might only receive statutory sick pay.
I think my former employer has given me a bad reference. What can I do?
Any reference given by an employer must be fair and accurate. So, if you were dismissed for gross misconduct then a reference can state that. However, if this is not the case and the information in the reference is untrue, then you may be able to take further action.
Most employers now just give a factual reference confirming employment dates and job title in order to avoid any claims that they have given a ‘bad’ reference, or for a new employer to be able to claim that the reference is misleading. You could make a Subject Access Request to obtain a copy of the reference so you can see exactly what it said about you. If the reference does contain false information then you may be able to claim compensation if you have suffered a loss, for example if a job offer you have received from a new employer has been withdrawn or it has affected your reputation.