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HR Tip – Breach of notice period

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Q: An employee has just left us. His contract requires him to give us one month’s notice, but he insisted on leaving after only one week because his next employer was not prepared to wait. What can we do?

A: The employee is in breach of contract. You are therefore entitled to sue and would win your case. However courts assume that you can mitigate your loss by recruiting a replacement and are therefore likely to award no or very little compensation. Taking into account also your legal costs, there is no point in taking any legal action. This is unfair, obviously, but there it is. There is no useful action you can take other than put some redundant pesetas in the leaving present collection.

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