In the UK, if I'm forced to quit work to become my wifes carer can my employer enforce a 4 week notice period?

Question

The reality is that I'm forced to finish up my job to become a full time carer for my disabled wife.
My employer requires me to work a 4 week notice period if I resign, but I can't really do that as my wife needs me now, not in 4 weeks time.
What would be the consequences if I just turned up one day and said "Here's my ID tag, locker key and car pass. I won't be back in again because my wifes needs are greater than the company's"?

Answer 1

This happenend to me I had to give up work to be a carer to my disabled daughter and had to give that notice I went off sick for stress as it was all to much for me my doctor did not hesitate and gave me a sick note for as long as I wanted. I then handed in my notice whilst off sick also remember if you have any annual leave left you can use this for the time as I did.
You can apply for the carers allowance once you give up your job it is not a great deal but better than nothing and what it also does is pay your stamp (low rate) so that if you ever go back to work your stamps are up to date or if not your pention contributions are up to date and you can get state pention.
As for handing everything in and walking away what can they do shoot you? If you feel that is best do it but go to doctor and have a sick note it is stressfull and hard to cope with you are intilted to do it.

Answer 2

Well this depends if they have given you a written contract that enforces four weeks notice. By law, they must provide you with a written contract after two months. If they did, then they may withold your pay. You can take this to a tribunal based on compassionate reasons and you may get help from social services. If you don't have a contrat then you can leave when you like and they must pay you. You can take them to court if they don't.

The idea of going on the sick is also a very good one.
Good luck and try and reason with them before walking out.

Answer 3

Legally, you are to be held to your notice period.
Your employer can demand you work this period.

In reality, if you handed you notice in and didn't turn up again they could take you to court for breach of contract. However, this would prbably not happen as the cost of going to court would outweigh the money for your 4 weeks work.

If your family needs you, sod the companies. Have a talk with your HR guys, they may be able to let you go instantly due to your situation.

Answer 4

Resigning from your job opens up benefit nightmares too. Check out tthe CAB website or give them a call. You will be entitled to a a carers allowance, also claim disability living allowance for your wife.

Your work can enforce your notice period, but there is nothing stopping you from taking it as Annual leave. If you are registered as a carer you hsve some legal redress.

I currently work fulltime, but am overnight carer for my mom, i can not claim any benefits as I work, but legally I am entitled to flexible working hours etc as carer.

(please excuse typos I have dislocated shoulder moving my Mom)

Good luck.

Answer 5

Remember your wife's needs are greater than companies, So many companies expect 110% from you but are only happy to pay 75% of what the job's worth. SOD EM!, look after your wife and enjoy your time together. Some one else will replace your shoes at work. Please do not worry about your notice, give em a week if you can, if not why worry

Answer 6

A big company wouldn't like the bad press, they would hate to see you and your wife in the local paper telling how they denied you leave to care for her, newspapers love that sort of thing.

In any case all they can do is have a tantrum about it, no court in the land would uphold their notice requirements. If you have a lot of specialist knowledge you could offer to answer the phone to them.

In the end, if they want to play hard ball, just declare yourself sick and tell the doc you have mental exhaustion.

Even US companies will usually allow paid or unpaid absence in these cases, my coworker has been off for five months caring for her new-born who needed a bone marrow transplant.

Answer 7

In a way they can enforce it - but given the circumstances they are unlikely to.

Alot of the time it will depend on the type of job you do.

If you'd feel awkward - maybe there is a way you could still help them out a little as some kind of handover time.

If you did do what you suggest - I very much doubt they'd do anything - to much hassle for what it's worth - but it depends on if you want to leave on 'good terms'

Answer 8

it all depends on whether it's in your employment contract or not... when you signed your contract, if it was one of the empress terms.. i.e the conditions you agreed too along with hours, pay, holidays etc that you had to work 4 weeks notice before leaving then you will be in breach of your employment contract if you do not do so and could be sued (however its unlikely you would be sued as an individual doesn't have the finances to compensate a business)

Answer 9

Hi!

Assuming you are in the UK, I would say talk to your employers and be absolutely open and honest about your situation. I'm sure they'll be sympathetic to your situation.

However, if you don't want to go down that path, or have already done and not got anywhere, go to www.acas.co.uk you'll get some really good information there.

Hope this helps!

Answer 10

They can stop 4 weeks pay from your final salary payment. If your not due 4 weeks pay, they can sue you for it.