Notice Period

Technically they can sue you for the cost of a replacement to cover your work but in my experience this rarely happens, if ever.

Not quite sure what you mean by this. If you say they're evading statutory obligations, that doesn't void the contract as remedies lie elsewhere.

And more likely/importantly they could mention it in a reference.

Less so these days. As I understand it, it's considered unwise to say anything detrimental as it could be construed as defamatory, and companies now either tend to decline to give references or say something bland such as "He worked for us from and " and leave it at that.

In theory they can take you to court to recover any actual costs incurred by them due to you failing to work your notice. In practice, they're unlikely to do so. If your attitude towards them is such that you're willing to just walk out, then any sensible employer is probably going to want you out of there ASAP anyway.

If they've breached their contract with you then you should pursue that through the correct channels.

It must depend on the industry. I work in care and we have an obligation to check people out thoroughly. If you cannot produce 3 comprehensive references you do not get a job.

I would also always put in a reference that someone had left without giving notice - unless it was negotiated and agreed due to specific circumstances.

Neb

Don't you think the same morality should apply to the employee as well though? He contracted to give 4 weeks notice when he gratefully took up the offer of employment. Why should he feel free just to walk out and break his side of the agreement but still pursue the employer for breaking his?

It's only defamatory if it's untrue. Some large companies may have a policy of playing it safe particularly where the person writing the reference may not have first hand knowledge of the exact circumstances.

A get out is

"When you have known X for as long as we have then you will think the same of them as we do".

Peter Crosland

But this would be a statement of fact.

I agree. I'm not advocating walking out without working your notice. Even if your employer has breached their side of the contract, that doesn't make it right for you to do the same, and doing so might even weaken your position when you come to pursue your employer later.

Only important if the employee had worked there long enought o make it worth getting a reference. If he'd only been in post a few weeks he might choose to use his pervious employer anyway.

Alternatively the "damning with faint praise" approach.

"He is usually punctual".

"He makes excellent tea".

"He was never caught stealing office supplies".

and "You will be very lucky if you can get him to work for you"

Some employers make it policy not to provide references at all.