Can I walk out of my job without working my notice?

What is my notice period?

Your notice period is an official timescale for you leaving your job. The required length of your notice period should be clearly outlined in your employment contract. Therefore, it is important you read this document carefully to make sure you agree with the notice terms in the event you wish to resign.

If your employment contract does not state what your notice period is, you should typically give at least one week’s notice before you leave your role. It’s best to provide your resignation in writing, such as in an email or letter. In this, you’ll need to state how much notice you are giving and when your last day at work will be. Your notice period will begin the day after you formally resign.

Your notice period could be different to what is stated in your contract if there is an agreement between you or your employer. While this may be a verbal agreement, it is always better to have an agreement like this in writing, even if that is an email confirming a verbal conversation. It is also prudent to ensure HR is aware of any agreements such as these.

What happens if you do not work your notice?

Although your employer cannot physically force you to work your notice period, it is a legal clause in your contract, and to break this agreement by refusing to work your notice is to be in breach of your contract. This breach of contract could leave you vulnerable to a lawsuit, especially if your abrupt exit from the company significant financial hardship.

They might sue for damages, potentially seeking an injunction which prevent you from taking a new job until you complete your notice period, or longer if you have gained a competitive advantage by leaving early.

Despite this, it is costly for the employer to pursue legal action against you, and they can use the pay they wouldn’t owe you to offset against any losses.

While the length of notice you need to provide may be clear in your contract, you may be unsure whether this notice is still applicable based on a number of different circumstances that may affect your position. We have outlined below what contract statuses could impact your notice period, and how to deal with them.

• Probation: Probationary periods can vary in different roles; some are as short as three months whereas others can be six months and more. That’s also being considerate of any probation extensions your employer may issue. If you are on probation, the amount of notice you would give will likely be shorter than what you would provide after passing probation. If your employer has neglected to provide a set term for notice, and you have been in the position for less than a month, you are not obligated to provide notice. Beyond a month, it’s advised to provide at least statutory minimum notice, - which is one week.

• Full-time and part-time contracts: It does not matter if you are a full time or part time employee, your notice period will usually be outlined in your contract. If not, it’s best to always give one week’s notice as the statutory minimum. It’s also a professional courtesy, and can keep your relationships with managers amicable to provide at least some notice, if not clearly stated in your contract.

Your notice period and how it's worked will be decided between you and your employer. This is why it’s best not to be hasty and walk out the door before setting up contact with your employer, as you may be able to reach a solution.

In many roles, there are typical duties that may be impacted by your upcoming exit. For example, if you are customer facing, or handle client information, they may feel your level of performance will suffer, or you’ll pass on sensitive details to competitors. That’s the last thing your employer wants, and in these events, they may place you on shorter leave, or ‘garden leave.’

If placed on garden leave, you won’t be expected to work, however will technically remain an employee till your final day of notice and will be paid as normal until then.

Can I refuse to work my notice period?

There are some cases where you may want to refuse to work your notice. For example, if an employer breaches their contract in some way such as not paying you properly for work you have done, unreasonable changes to work schedules, removal of contractual benefits or failure to protect you from workplace bullying.

In any of these circumstances, you can raise a grievance with your employer to correct these issues. If you believe the damage is already done, and want to leave immediately, regardless of whether these issues can be resolved, you and your employer would have to come to an agreement. By not allowing your employer to address these issues, you are still breaching your contract by leaving without notice.

If you have presented to your employer a serious mistake they’ve made, and they’ve failed to address it, you could be able to make a constructive dismissal claim, depending on the circumstances. However, be aware you can only usually claim constructive dismissal if you have worked for your employer for at least 2 years, but there are exemptions to this rule. Learn more about constructive dismissal claims here.

If you walk out of a job, do they have to pay you?

Let’s face it; if there’s one thing holding you back from storming out from your desk chair, never to return, it’s most likely because of pay.

You should receive normal pay during your notice period, including any benefits you are entitled to and pension contributions. However, if you neglect to give notice to your employer, and refuse to work it, the employer is not obligated to pay you for any notice you did not work. They may even dock holiday pay if you neglect to provide notice, so it’s best to be mindful of what income you could miss out on if you were to take this course of action. You would not be obliged to pay your employer the unworked notice either. However, by refusing to work your notice, you are left vulnerable to a potential lawsuit where they could try and recover any losses or damages from you.

Can I take holiday during my notice period?

Put simply, your employer would need to agree to you taking holiday in your notice period. They are within their rights to deny this request. If you have booked holiday prior to resigning that coincides with your notice period, your employer may cancel your leave request. If they allow you to do so, you are entitled to your normal pay.

It is important to note that you are entitled to be paid in lieu of any untaken holiday entitlement at the end of your employment, so it is more cost effective for the business to let you take your holiday rather than pay you for it when you leave.

Your employer could instruct you to take any holidays you have not used up, or you can suggest using your holiday to shorten your notice period, but it’s up to the employer to allow you to do this. It’s worth consulting your employment contract for the details about leftover holidays. Read more about employers dictating holidays.

Can I work elsewhere during my notice period?

Working somewhere else during your notice period could be a breach of contract which could also leave you vulnerable legally. If you leave your job to work elsewhere during your notice period, your employer could instigate legal action to stop you doing this. They could potentially seek an injunction if they can prove you have left to work for a competitor, or if they believe you are putting their business interests at risk, such as by potentially disclosing confidential and sensitive information.

For example, you have got up and left your Marketing Manager position at a Marketing Agency, and decided to work for their competitor. If you have failed to serve some, or any notice, they may suspect you are passing on client information to the other agency and are planning to poach their clients. In this instance, if your employer was able to prove this, they may be able to seek an injunction.

As well as legal vulnerability, working elsewhere during your notice period could be considered unprofessional, present conflicts of interest and ultimately damage your professional reputation.

Leaving a job without notice

If you are dead set on quitting your job without notice, you may be unaware how you can legally reach this solution with your employer. We have outlined below best practice on how to achieve this outcome.

1. Set up a discussion with your employer: As the saying goes, ‘communication is key.’ Set up a dialogue with your employer so that you can have a formal discussion about your plans to terminate your employment. By setting up this contact, you can prevent your relationship with your employer breaking down like it may have if you had just got up and left without a word, and it will give the employer a chance to discuss a solution with you.

2. State your reasons: Your employer will not likely be happy to hear you’re unable to work your notice without providing a solid reason why. Therefore, it is advised you provide your employer with substantial reasons for wanting to resign without serving notice. Perhaps you feel uncomfortable after a hostile situation with a coworker, or the duties of your role have dramatically shifted from what you originally agreed to. Your employer may be sympathetic to these issues and be able to present you with a resolution to these matters, or grant you the immediate exit you’re hoping for. If your reasons for seeking immediate resignation are related to workplace bullying or harassment, there are alternative legal actions you can take to address the matter. Read more about workplace harassment.

3. Decide whether you’re willing to make a compromise: The options you will be presented with after this discussion may vary as it is up to the employer. If your employer is unwilling to grant you an immediate resignation, they may still offer to shorten your notice period. In this instance, you need to decide whether you’re willing to settle and that you feel comfortable with this arrangement. If not, it’s important to think about whether you leaving would result in financial harm or result in other difficulties for them. If your absence is likely to cause your employer problems, both financially and logistically, they could bring legal action against you.

Can I be taken to court for not working notice?

After breaching your contract by walking out and not working your notice, you can be sued for damages.

In order to prove there are damages to be sued for, your former employer would have to show financial loss caused by your early departure. Damages aren’t the only thing your employer might want. Your employer could seek an injunction from the court. If it’s successful, this could stop you from going to work elsewhere until you have completed your notice period, or longer if you have gained a competitive advantage by breaching your contract.

If the impact of you leaving the business without giving notice is minimal, the chances of your employer suing you for leaving without working out your notice period is low. To a certain extent, it depends on what kind of role you are in and what company you are leaving your current job to work for.

For example, if you are in a senior position and your role can’t be easily filled or you are leaving for a competitor, the impact on the business may be considerable and your employer may be more likely to threaten action. If you are a company director or you are responsible for company assets or client money, you are likely to have additional obligations, such as fiduciary duties, which you may have put at risk by walking out. Your employer, in this event, would be entitled to pursue legal action against you to recover any potential losses.

How can Slater and Gordon help?

The potential risks of leaving without serving your notice period will depend upon your individual circumstances. If you’re considering doing this, you should seek advice from Slater and Gordon Lawyers.

Our employment solicitors are highly trained and have the knowledge, skills and experience to handle your case.

• We’re highly ranked in independent legal guides
• We’ve been shortlisted and won industry awards demonstrating our specialism
• We’ve been instrumental in some of the most important and ground-breaking landmark cases
• We’re accredited by industry specialists
• We’re acknowledged as leading practitioners in employment disputes
• We deal with employment issues under English, Welsh or Scottish law with expertise and efficiency
• As one of the largest consumer law firms in the UK, we’re able to offer an end to end service for all your legal needs and independent financial planners for compensation protection

If you’re facing legal action from your employer as a result of failing to work your notice period, we’ll work closely with you every step of the way, doing everything we can to help you achieve the outcome you’re aiming for.

For a consultation, you can call Slater and Gordon Lawyers on freephone 0330 041 5869. Our contact centre is open 24 hours a day, 7 days a week. Alternatively, you can contact us online and we’ll call you back at a time that suits you.

All information was correct at the time of publication.