December 19, 2023
Being taken to court for not working notice periods is a possibility due to the employment contract being a legally binding agreement between both parties. Employees have a legal requirement to fulfil their notice, so not working a notice period is a breach of contract and employers can sue them for this.
Although this is a very unlikely situation, this result may arise after the inability to reach another agreement and to benefit the company financially.
Why Have I Been Taken to Court for Not Working Notice?
Employees are taken to court for not working notice depending on their job role and reasons for leaving.
Employers Suing for Damages
Employers suing for damages is usually dependent on the seniority of the employee’s role and their responsibilities. If they believe they have suffered a financial loss caused by an employee not working their notice period, they will take legal action.
Financial losses could include profit losses, costs for hiring cover staff or potentially losing client accounts the employee was responsible for. Employers will need to explain the situation in full detail with supporting documents to demonstrate these losses.
Employers Seeking an Injunction
Employers seeking an injunction is usually dependent on if the employee’s position is difficult to be filled or if they are leaving to join a competitor. If they believe the employee’s departure will impact the company considerably, they will take legal action.
Positions that are difficult to be filled include Company Directors or those that manage company assets or client accounts. Successful injunctions could see employers stopping employees from starting new employment before working notice periods.
Next Steps for Being Taken to Court for Not Working Notice
First and foremost, employees taken to court for not working notice should seek legal consultation with an employment lawyer. They will help review the details of the case and the overall strategy for presenting the case to the court, ensuring there is a comprehensive understanding of legal implications.
This includes gathering evidence, including documentation that sheds light on the circumstances leading to the decision to not work the notice period, establishing a robust defence. Whether it’s an unfair dismissal or discrimination at work, Premier Legal can help build a case. On the other hand, an employment lawyer may help employees look into attempting mediation before proceeding to a full trial.
If you need help with employers suing for damages or seeking an injunction against you, don’t hesitate to get in touch with our employment law experts who will be happy to help.