Labour Research June 2019

Law Queries

Notice

Q. My manager’s behaviour over the past two years has been aggressive and belittling and I have finally found another job to go to. Do I have to work my notice?

A. Generally, leaving a job without giving your employer the notice required by your contract of employment would be a breach of contract. This would give your employer the right to pursue a claim against you. 


However, if your reason for leaving is due to behaviour intended or likely to destroy the relationship of trust and confidence between you and your employer — as may be the case here — you could be entitled to leave without giving notice. This is because such behaviour, if sufficiently serious, can constitute a “constructive dismissal”, bringing the employment contract to an immediate end. 


Even if there is no constructive dismissal, your employer may be reluctant to pursue a breach of contract claim against you because of the time and money involved. However, the risk is there. 


Your best option is to try to negotiate an agreement with your employer to allow you to terminate your contract without notice. Your union rep will be able to assist with this.