My ‘mate’ has a chance if a job ‘he’ has been chasing for the last couple of years - but he has a dilemma.
His current employer require a months notice but his dream job need their vacancy filled within the next fortnight.
His current employer will insist he sees out the full notice period.
So, what should he do and, if he doesnt fulfil said notice can the company retain his months pay?
(Serious) answers please.
work a fortnight then go on the sick.
if you leave without giving any notice, the company can’t do anything about it, and they still have to pay you all monies owed
i have had this happen recently
be aware though, it will burn bridges 
how long has he been there ?
Firstly your mate ( ) will only get paid for the work he has done and an employer is not allowed to withhold pay
If he leaves without fulfilling his notice then he will be in breach of contract and his old employer would be entitled to take legal action if they wanted too - BUT I have never heard of an employer doing this
It would cost them money in legal expenses and for what? Would they make him come back and fulfil his notice period - no
It may affect his references so he may need to think about where he gets them from but if he explains the situation to his new employer that probably wont be a problem either
He just needs to do whats right for him
If it was me i think i would have the conversation with the boss explain my situation ,but if he still didnt like it i would just go give them 2 weeks tops always attemt to leave on good terms thow
Give a months notice, and take any holidays owed within that period.
Ken.
Is your mate paid weekly or monthly?
This makes a big difference in the answer i will give
It is illegal to withold monies that have been worked for, irrespective of whether your mate works his notice or not. As shuttle has said it does tend to burn bridges and isn’t very ethical but if my dream job was on the line I’d just do one 
I always got the impression that new employers only do this so the bridges are burned, and after a month at the new firm and not liking it after all, then CANNOT decide to go back to his alienated former boss and ask for his old job back…
Like salesmen, the “great deal is only on if you say yes NOW” rather than “think about it”.
Yeh right.
Move all your untaken holiday to the last two weeks of the month’s notice period, and that way you can hold your head up high, having not thrown the predictable sickie, and leave with honour. 
Incidentally, is it possible to “leave with honour” if the firm you’re leaving has the slogan “service with honour”? 
Cheers fellas I’ll pass on your collective advice. Incidentally ‘he’ is paid monthly, been there 18 months, has accrued 5 days holiday and is extremely unlikely to ever want to go back.
Is it in his contract he must give 1 months notice? If it is then he has to give a months notice.
If he’s never liable to go back tell him to just empty his truck and walk out, ■■■■ em! They will still have to pay his wages eventually!
I was under the impression that you only have to give one weeks notice !
It’s the employer that has to give you notice depending on time served
Employees don’t have to give any notice legally, but i have had people leave with less than a week after their prospective employer has said they have to start next week, etc.
- If you don’t work your notice then you will never get a job there again and will struggle to get a job locally to there as well.
- If a new employer asks you to start without giving the appropriate amount of notice to your existing company, i think it sets a poor precedence for what is ahead.
Maybe I expect too much from people when they agree to an employment contract that states 2/3/4 weeks notice, after all they surely wouldn’t mind if I don’t bother to pay them as per their contract.
a months notice is a bit ott for a driving job.
Why not ask on here if anybody wants your old job, although it won’t affect the legal position which has been accurately described in all of the posts above, it might do somebody here a favour as well as mitigating your breach of contract?
I can’t understand keeping a driver against his will. He’s hardly going to give you a good service. Possibly wrecking the lorry and maybe cause trouble with customers that could wind the company in bother
woody2808:
It is illegal to withold monies that have been worked for, irrespective of whether your mate works his notice or not. As shuttle has said it does tend to burn bridges and isn’t very ethical but if my dream job was on the line I’d just do one
it is not illegal to withold monies under the wages act 1984, however the employee would of had to of signed it example DAR joined the buses and agreed to pay back monies owed, if he didnt work the agreed time for his training costs
Personally i would work the 2 then just F them off and go do dream job
Express Pete:
‘… his dream job need their vacancy filled within the next fortnight…’
Maybe info the potential employer that, as an all-round good-bloke, your pal aches to fulfill his contract obligation to his present employer.
Is it an under-hand loyalty check 