WORKING YOUR NOTICE

摘要

In cases where any breach of an employment contract is in dispute, employees who resign without giving the required contractual notice are at risk of themselves being in breach of contract. The consequences were shown in the case of Tizhen Li v (1) First Marine Solutions Ltd (2) Dan Moutrey UKEATS/0045/13/(Bl). Miss Li was the principal engineer responsible for an important overseas business project. Her contract of employment provided that she would need to give one month's notice of resignation. It was also stated: 'If an employee leaves, without working the appropriate notice, the company will deduct a sum equal in value to the salary payable for the shortfall in the period of notice.' Li resigned but failed to attend work during her notice period. In response the employer deducted £5,000 - her full month's salary - from the other monies due to her (not including her notice pay).