Confuzzled Where does the law lie with leaving notice for work? We have a 3 month notice in our contracts however this numpty I work with is going to walk after 4 weeks. Is it true we can claim him for the 2 months, even get a consultant in to cover his time?
Re: Confuzzled yeah it is simple breach of contract your cause of actions are... you should be able to get an injunction to prevent him from taking up any other related employment, whilst he should still have been working for yourselves. you can sue for damages arising from the breach, obviously a lot of different factors are involved here and without more info it is not possible to say if there is a realistic chance of anything more than nominal damages. assuming you accept the breach as him repudiating the contract you should be able to withhold any pay he would be due for that period. ther one thing you will not be able to do is enforce an injunction / specific peformance of the contract and force him to work the notice period. final point, if he requests a reference you would be entitled to include this information about his behaviour in it
Cheers mate. He's already had a reference from a different (ex) manager. Youve backed up what we have been told by HR.
Chris you in Yarm? If so were going for a few beers later fancy joining us? And us is me, Tom and Col