Can I make them work their notice?

Short answer to this is no (sorry, know you didn’t want to hear that!). They may have stormed out after a row. They may have calmly handed in their notice once their pay was on their bank account. But as far as they’re concerned, it’s over.

You could try and get them to stay with financial incentives. But a court won’t make them work their notice period, as it considers your relationship “broken” (so don’t waste your breath threatening to sue).

You won’t have to pay them though, as they are refusing to work their notice period.

And if you have a clause in your contract (like we do, of course), your can in addition reclaim one day’s pay for every day of their notice period not worked. Which is not meant as a penalty, oh no, just a realistic evaluation of the loss and costs we would have if they walked out and we had to find a short term replacement.

NB if you say that they don’t have to work their notice period, then you DO have to pay them!

If you know of an organisation that could do with our help, please let us know – we always reward referrals with chocolate!

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    If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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