Giving Notice

You’ve got a brand-spanking new dream job, and you can’t wait to get started. But there’s the pesky irritation of having to work for the next month at your dullard dead-end job. Here Funky looks at what your options are.

The time between telling your boss and actually walking out of the building for the final time can feel like eternity. Legally, as long as you’ve been there a month, you have to give at least one week’s notice, although your contact will often specify longer.

Doing things by the book

It’s tempting to think you’ve got nothing to lose if you simply stop coming to work, but failing to complete your notice period could see you ending up in court.

An employer would usually go to the small claims court, and have to prove they lost out from the employee’s absence. So they’d have to show that work was lost as a result of you leaving, or they had to pay to bring in a temporary worker to fill your place.

That said, the employer may decide the hassle of court isn’t worth it to recoup the costs.

More often, leaving before your notice period can affect your reference. Future employers will often ask for references from previous employers, and they need to be factual and fair. If you leave before your contract expires, then it could be put on a reference. It’s about demonstrating trust and confidence between the employee and employer.

How to leave early

In some jobs, such as sales, they may want you to leave early, to stop you taking customers away. If you are moving to work for a competitor, you may be asked to leave to prevent you accessing confidential company information. It may also be that if you've finished what you were working on, your employer may be happy to release you early to save paying you when there isn't the work to give you.

If you can find a way of helping your employer then they'll usually be more prepared to let you go early.

Remember that if you leave early, you won't be paid for the time you don't work; unless your employee has asked you to leave (in which case they'll pay you in lieu of notice).

Stay on side

Just because you've handed in your notice, this doesn't mean the terms and conditions of your contract have changed. This applies on both sides: you still need to work the hours contracted and your employer still needs to honour any sick and holiday pay. Your outstanding holidays can be taken as part of your notice period.

Tempting as it may be, stealing the company Xbox or writing rude messages about your manager in the staff toilets will have the same consequences even after you've told them you are going. It's still possible to get sacked after you've handed in your notice, and you could lose the opportunity to get a good reference. Better to avoid burning bridges - you might want to come back in the future, or meet the same people again elsewhere.

But equally an employer has a duty to treat you fairly, right up until the day you leave. So if you suddenly find yourself being bullied or discriminated against because of your decision to leave then you have the same rights to take action against the employer.

If through their actions the company breaches the employment contract with you, you may be in a strong position to walk away, safe in the knowledge that they would have difficulty taking any action against you. But if you decide to do this, it's definitely worth getting expert advice beforehand.

Resignation rules:

Do:

Try to leave on good terms, even if it's through gritted teeth
Check if company perks still apply in your notice period. Your contract, company handbook or intranet should spell this out
Help prepare for your departure - you may need to write a handover or help train someone else

Don't:

Swipe confidential information belonging to your employer - which could include your contacts book or client list
Be a moaner - you're fed up with the place but your colleagues have to stay there, plus their last impression of you may be the one that sticks
Stop making an effort - you may have quit, but you still need to earn that last pay packet