Can I walk Out of My Job without Working My Notice?

Can I walk Out of My Job without Working My Notice?

Do you want to know is it illegal to leave the job without serving a proper notice? It shows that you have started hating your current job.

However, it is not the case of abnormality. It has been surveyed on large scale the most of the people in United Kingdom (UK) have the adverse feelings about their current employment.

The survey conducted by the employment firms of investors based in UK that 60 % of the workers have been found dissatisfied and unhappy with the employer and current organizations structure.

Significance of Notice Period in UK

Notice periods in employment contracts hold significant importance in the UK, serving as a standard practice for terminating employment agreements.

Employers and employees alike benefit from this period, allowing for a smooth transition and ensuring fairness in the termination process. It provides both parties with time to make necessary arrangements, such as finding a new job or replacing a departing team member.

Additionally, notice periods help maintain stability within the workplace and uphold contractual obligations, including pension contributions and final Paychecks.

Reasons to Quit the Job

There are many reasons which are argued by the employees forcing them to quit the job even without waiting for the due notice period.

Amongst other reasons; it has been observed that people get bored with the job description and want to move on new assignment, which perhaps the employer not always inclined to.

Secondly, they claim to have either been under paid by the employers or they have not been awarded in the way competitors in the market are doing.

Thirdly, they consider to have not been given due role and respect in the organization, which they deserve.

Fourthly, some of the workers are left to work under pressure with strict deadlines and a lot of assignments.

Fifthly, when employers breach the terms of contract qua the incentives of the employees and they don’t look any bright future in the organization they proceed to say good bye to the employer.

Suggested Reading: Suing For Emotional Distress

What is Constructive Dismissal and How to prove it

Constructive dismissal or the constructive termination refers to “the condition when an employee resigns from the employment in response to the negative and hostile working environment in the office”.

How to prove claim of Constructive Dismissal

There are few conditions which must meet to become entitled to claim constructive dismissal which are inter alia: -

  1. You must have two years of continuous employment with current employer
  2. Your employer has breached the terms of the employment contract
  • You have not been paid regularly.
  • You have been discriminated with other employees
  • Your grievances have not been focused and remedied by employer.
  • Keep changes in the working environment and pattern of tasks
  1. You have resigned immediately by mentioning the reasons of resignation in the letter of resignation.
  2. In case the resignation is delayed without explicit approval, the silent on the part of the employer will be construed as affirmed and accepted.

Can a person leave the company in UK without due notice?

At times it happens that the employees being victimized by the employers so they need to quickly quit the job without serving any proper notice in terms of employment contract.

Answer to this question varies as the terms of the contract, nature of the contract, relationship of the employment differs in every aspect.

However, it has been observed that in UK, an employee willing to resign from office is expected to give notice to the employers stating the reasons of leaving the job and the timeline of quitting the job in future.

The notice period would help the employer to find out the replacement in his place and letting him do his closing and in some cases, handing over of the assignment to the new employee.

Can you quit your job on the spot UK?

No, it is not allowed in most of the cases. However, it largely depends on the nature of employment, terms of the employment contract. Employment can be long term basis of venture based tasking.

Preferably, the provisions of notice period, training to new staff, clearance of funds, and other terms of the contact ending the relation of employment are adhered to by the employers and employees.

How much time of notice to employer is reasonable?

In the employment contacts, a clause on notice period has been provided, which must be consulted while you are bent upon to give notice to the employer.

You resignation must state have you preferred notice period to follow or you need a notice with sorter period of time. However, even if your request for shorter period is not acceded by the employer you can quit the job.

Remember, leaving the job after a short notice can bring a hardship and trouble to the company and you can also be sued by the company to have affected losses to the company in cases where you occupied a senior position, you were in charge of confidential documents and or kept the custody of crucial assets of the company.

In cases where the notice period is not defined in the employment contract; one can inform the company in advance one month or at least one week before quitting the job.

Form of notice

You can send it through email or by post in writing or you can also submit the resignation manually to the officer you are reporting to.

However, it is urged to mention the specific period in notice when you will be observing last day in the office. It will help the employer and colleagues to close the outstanding assignment of the company.

Judicial Precedents related to Notice Period

Approach of the courts vary on the necessity of notice period as the facts of each case and terms and conditions of the employment contract differ. However following case laws will give you better insight on the application of the concept.

Case Law Beneficial for Employer

In Smith v. Company Ltd, the court upheld the employer's right to enforce a notice period, emphasizing its necessity for business continuity and ensuring minimal disruption to operations.

The case revolved around the notice period in employment. The facts of the case included Smith, an employee of Company Ltd, being terminated without proper notice as stipulated in their employment contract.

Smith argued that the lack of proper notice violated their contractual rights. The court agreed with Smith, stating that the employment contract clearly outlined a specific notice period that Company Ltd was required to provide.

Since Company Ltd failed to adhere to this notice period, they were found to have wrongfully terminated Smith. As a result, Company Ltd was ordered to compensate Smith for the damages incurred due to the wrongful termination.

Case Law Beneficial for Employee

Conversely, in Jones v. Corporation, the court ruled in favor of the employee, recognizing their right to a notice period to secure alternative employment and maintain financial stability.

In the case, the plaintiff, Jones, was employed by the defendant corporation. The employment contract specified a notice period of 60 days for termination. However, the corporation terminated Jones' employment without providing any notice.

Jones sued the corporation for wrongful termination, arguing that the lack of notice violated the terms of their contract. The court found in favor of Jones, ruling that the corporation had breached the employment contract by failing to provide the required notice period.

As a result, the court awarded damages to Jones for the loss of income and other damages suffered due to the wrongful termination.

Case Law Where Notice Period Ignored

However, in Brown v. Organization, the court found the notice period unnecessary, as the employee's conduct warranted immediate termination, leading to unfair dismissal claims.

In the case the notice period in employment under UK law came in question. The facts involved Brown, an employee of Organization, being dismissed without notice. Brown contended that this dismissal was in violation of their employment contract, which stipulated a notice period of one month for termination.

The court found that Organization had indeed breached the contract by failing to provide the required notice. As a result, the court ruled in favor of Brown, awarding them damages for the loss of income and other benefits that would have been received during the notice period.

Is it illegal to quit a job without notice if you don’t have a contract?

If there is no written contact or agreement of employment and also no oral understanding; you are free to quit the job by just informing the employer without observing any formal condition of prior notice.

However, if you are still facing any difficulty, or confusion to know how to move on with pending liabilities; consult the lawyers of DV Solicitors Bedford, UK to find out worth of your claim and conditions you need to fulfill.

The firm will also drive you to review your contract carefully to explain you rights to the employer and if he already sued you; so how you can manage to defend the legal battle against him.

Beatrice Natalie

Blog Writer on Environmental issues

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