Take No Notice?!
Have you ever been frustrated because your employee has left you in the lurch by leaving without working some or any of their notice? It is a common problem and one where commercially, it rarely makes any sense to pursue a breach of contract claim against the employee to recover your resultant financial losses.
However, in a recent Employment Appeal Tribunal (EAT) decision, the EAT confirmed that a clause in a contract of employment entitling an employer to withhold a specified amount of salary in such circumstances was not a penalty clause and would be enforceable provided it represented a genuine pre-estimate of loss.
If you would like to know more about this, please contact Christina Merrington.