blockhead_rich
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| posted on 2/4/11 at 06:07 AM |
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OT - Do I have to work my notice period?
Hi Folks
I started working for a very well known consumer products / manufacturing company at the begenning of this year and the job and company have not met
my expectations, so I've found another job which I'm really pleased about! My new employer wants me to start in a few weeks time
(sooner the better for both of us) BUT my contract states that I have to give / work 3 months notice.
In my resignation letter I said that I wanted to leave @ the end of April (which would equate to roughly 5 weeks notice). I'm prepared to walk
out on this date however, what can they do? I don't fancy being hauled in front of the courts! HR dept say it's down to my manager to
agree to my early leaving date but he is being a bit SLOW to say the least. I can't stand the bloke actually.
I certainly don't want to be there any second longer than necessary (it's that BAD), so what are my options, etc?
Your advice, etc would be very apprectiated!
Rich
P.S>
What's commuting into London like (on the train) as I'm going to have to start doing that very soon!
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jeffw
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| posted on 2/4/11 at 06:30 AM |
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The worse thing they can do is withhold your last Month/Weeks pay if you just walk out. Better to get agreement however. Very unlikely they will
take you through the courts.
I seem to remember that a notice period is only required for the frequency of payment. So if you are weekly paid then a weeks notice and if you are
monthly paid a months notice. I believe (note: I am not a lawyer specialising in Employment law so take this as wild speculation) that a 3 month
notice period would be considered an onerous contract condition and is unenforceable under EU law.
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rusty nuts
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| posted on 2/4/11 at 06:50 AM |
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One of my previous employers tried to make me work a months notice after I gave him my resignation , I told him that as I was paid weekly I only had
to give a weeks notice and that he should go and check , off he went for a couple of hours , came back and I was then asked to leave there and then.
The fact that you have only worked at the company for 3 months may well go in your favour but it might well be worth a visit to the C.A.B . As already
said the worst would be loss of your last months pay and any holiday pay due
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lewis
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| posted on 2/4/11 at 07:10 AM |
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Leave after payday job done.
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omega0684
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| posted on 2/4/11 at 07:12 AM |
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if you want to get out of the job asap, then you can request to go on "garden leave" without pay. If the company has any sense they will
allow this, otherwise you could just drag your heels for a month and get paid to do nothing, your boss will soon get tired of paying you to do
nothing!
I love Pinto's, even if i did get mine from P&O!
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MikeR
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| posted on 2/4/11 at 07:36 AM |
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I'm not a lawyer, a friend is quite high up in HR. If i remember our conversation from a couple of years ago it goes something like this.
Legally there is very little a company can do if you just walk out & you've got to consider how worth their while it is to try and do
anything. If you owe them money they can chase you for that. They can write on the reference factually correct information. So if you're paid
monthly, you leave at the end of the month, they can moan at you but can't legally get you for anything. The issue you will have is the
reference where they can write what you did.
So, how sure are you that you'll like the new job? How much do you hate the current job? How much will you need the reference in a few years
time?
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MikeR
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| posted on 2/4/11 at 07:38 AM |
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ps. look up the companies disciplinary procedures. It should be readily available. It will (hopefully) have a section on disiciplinary action &
what happens if you don't turn up for work. Worst case, stop turning up for work. They'll then have to run through the disiciplinary
action which will result in you being sacked, thing is ..... if you understand how the process works, you can string it out for a good month or two by
which time you'll have resigned anyway
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imp paul
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| posted on 2/4/11 at 07:42 AM |
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rich you don't seem happy. so take your last pay and go. good luck in your new job and hope it turns out a nice place to work all the best
paul
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jossey
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| posted on 2/4/11 at 08:06 AM |
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i told my last few emplyers im off to work for the main competitor and they normally put me on garden leave.
good luck with your new job though mate.
everything happens for a reason....
Thanks
David Johnson
Building my tiger avon slowly but surely.
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Krismc
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| posted on 2/4/11 at 08:33 AM |
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quote:
Originally posted by blockhead_rich
Hi Folks
I started working for a very well known consumer products / manufacturing company at the begenning of this year and the job and company have not met
my expectations, so I've found another job which I'm really pleased about! My new employer wants me to start in a few weeks time
(sooner the better for both of us) BUT my contract states that I have to give / work 3 months notice.
In my resignation letter I said that I wanted to leave @ the end of April (which would equate to roughly 5 weeks notice). I'm prepared to walk
out on this date however, what can they do? I don't fancy being hauled in front of the courts! HR dept say it's down to my manager to
agree to my early leaving date but he is being a bit SLOW to say the least. I can't stand the bloke actually.
I certainly don't want to be there any second longer than necessary (it's that BAD), so what are my options, etc?
Your advice, etc would be very apprectiated!
Rich
P.S>
What's commuting into London like (on the train) as I'm going to have to start doing that very soon!
I put my notice in, worked there 11 years and the asked me to work the few days left in the week and payed me for the rest off the month and 11 days
holidays i was owed. so quids in when that happened, best thing ive did - didnt want too leave but job oportunity was too much too miss.
Oh and for me it was 3 weeks notice plus a day for every year you worked there, but in the first year of employment you only have too work 2 weeks
notice - which is what i suspect you only need too do.
[Edited on 2/4/11 by Krismc]
Built, Ivaed, Drove and now Sold - 2011 MNR VORTX RT+ 2000cc Zetec on R1 Throttle boddies.
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omega 24 v6
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| posted on 2/4/11 at 09:05 AM |
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quote:
I can't stand the bloke actually.
Result.
Belt the supervisor on the day you wish to finish and get sacked for gross misconduct. Two birds with one stone.
If it looks wrong it probably is wrong.
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Theshed
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| posted on 2/4/11 at 09:19 AM |
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Woooah! Lots of misinfo above (although all based on experience i accept) An employment contract is no different to any other contract. If you breach
it you can be sued for damages. If your contract specifies 3 months notice (which is a tad unusual unless you are very senior) then you are
contractually obliged to work for that period.
Where a contract fails to specify a notice period then there is an implied term at common law of "reasonable notice" - the usual period in
the industry. It is in that context that weekly pay/monthly pay is taken into account as being indicative of what is "reasonable notice. That is
overlaid by a statutory minimum notice period imposed by the Employment Rights Act 1996 - basically 1 week for the first 2 years and one extra week
per year for the first 12 years. There is NO maximum period. None of this has any significance when there is an agreement either oral or written that
specifies the notice period (except for the statutory minimum above).
The reason why many employers do not sue when an employee leaves early is that there is rarely any loss to sue for. If an employee leaves - get
another - job done. However that is not always the case. If the employee makes the employer a profit of £1000 per month and the position remains
unfilled for a month then there is a loss of £1000 and the employer can certainly sue for it. Equally if the employer has to offer higher pay to get
somebody quickly than that is loss that can be sued for. I have dealt with employers suing for the costs of a recruiting agent.
You cannot be forced to work your notice by an injunction but if your contract has a "garden leave clause" you can be prevented from
working in competition. You cannot work for anybody else during garden leave.
The practical answer to your problem is not to claim any right to walk out but to negotiate. You might want to hint that a demotivated employee is not
going to be much use and may spread dissent in the ranks.
Having said that you could simply take a chance and walk out - you may get away with it but you may well not.
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Mr Whippy
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| posted on 2/4/11 at 10:42 AM |
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they can do nothing even if they wanted to, I have walked out before after falling out with employers and just got paid up to the day I left. Only
down side is don't expect to get back in again, like they say about burning your bridges...
If you have to go before working it then go, forget the scare mongering they can't sue you or do anything whatsoever
Fame is when your old car is plastered all over the internet
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jeffw
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| posted on 2/4/11 at 11:45 AM |
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quote:
Originally posted by Theshed
Woooah! Lots of misinfo above (although all based on experience i accept) An employment contract is no different to any other contract. If you breach
it you can be sued for damages. If your contract specifies 3 months notice (which is a tad unusual unless you are very senior) then you are
contractually obliged to work for that period.
Where a contract fails to specify a notice period then there is an implied term at common law of "reasonable notice" - the usual period in
the industry. It is in that context that weekly pay/monthly pay is taken into account as being indicative of what is "reasonable notice. That is
overlaid by a statutory minimum notice period imposed by the Employment Rights Act 1996 - basically 1 week for the first 2 years and one extra week
per year for the first 12 years. There is NO maximum period. None of this has any significance when there is an agreement either oral or written that
specifies the notice period (except for the statutory minimum above).
The reason why many employers do not sue when an employee leaves early is that there is rarely any loss to sue for. If an employee leaves - get
another - job done. However that is not always the case. If the employee makes the employer a profit of £1000 per month and the position remains
unfilled for a month then there is a loss of £1000 and the employer can certainly sue for it. Equally if the employer has to offer higher pay to get
somebody quickly than that is loss that can be sued for. I have dealt with employers suing for the costs of a recruiting agent.
You cannot be forced to work your notice by an injunction but if your contract has a "garden leave clause" you can be prevented from
working in competition. You cannot work for anybody else during garden leave.
The practical answer to your problem is not to claim any right to walk out but to negotiate. You might want to hint that a demotivated employee is not
going to be much use and may spread dissent in the ranks.
Having said that you could simply take a chance and walk out - you may get away with it but you may well not.
Someone who knows what he is talking about
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Steve Hignett
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| posted on 2/4/11 at 01:06 PM |
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quote:
Originally posted by Mr Whippy
they can do nothing even if they wanted to, I have walked out before after falling out with employers and just got paid up to the day I left. Only
down side is don't expect to get back in again, like they say about burning your bridges...
If you have to go before working it then go, forget the scare mongering they can't sue you or do anything whatsoever
Someone who doesn't 
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MikeR
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| posted on 2/4/11 at 04:34 PM |
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quote:
Originally posted by MikeR
I'm not a lawyer, a friend is quite high up in HR. If i remember our conversation from a couple of years ago it goes something like this.
Legally there is very little a company can do if you just walk out & you've got to consider how worth their while it is to try and do
anything. If you owe them money they can chase you for that. They can write on the reference factually correct information. So if you're paid
monthly, you leave at the end of the month, they can moan at you but can't legally get you for anything. The issue you will have is the
reference where they can write what you did.
So, how sure are you that you'll like the new job? How much do you hate the current job? How much will you need the reference in a few years
time?
Another who doesn't
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iank
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| posted on 2/4/11 at 05:05 PM |
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quote:
Originally posted by MikeR
quote:
Originally posted by MikeR
I'm not a lawyer, a friend is quite high up in HR. If i remember our conversation from a couple of years ago it goes something like this.
Legally there is very little a company can do if you just walk out & you've got to consider how worth their while it is to try and do
anything. If you owe them money they can chase you for that. They can write on the reference factually correct information. So if you're paid
monthly, you leave at the end of the month, they can moan at you but can't legally get you for anything. The issue you will have is the
reference where they can write what you did.
So, how sure are you that you'll like the new job? How much do you hate the current job? How much will you need the reference in a few years
time?
Another who doesn't
Yours is correct as being the default position if it's not stated in the contract.
BUT remember contracts are two way things, if there's a single thing on the contract the company refuses to honour it puts them in a very weak
position if you walk out (remember to get it in writing before walking for the door
3 month notice periods seem to becoming more usual for all levels these days, probably to do with the recession as it makes it much harder to get
another job offer before giving notice. My new company has got me on one which I certainly wouldn't have signed up to it if I'd not been
looking for work for 6mo. Though I'll use it to give the impression of being a key employee worth waiting for if push ever comes to shove.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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Ninehigh
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| posted on 2/4/11 at 06:36 PM |
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quote:
Originally posted by lewis
Leave after payday job done.
+1 to that, last job I had required a month's notice which they only told me about 2 weeks after I left (and 2 weeks after demanding to be
paid)
They'll fully agree with you leaving early, it saves them money you see as they will take as much as they possibly can (e.g. training I never
got, £50 for a pair of trousers and 3 weeks pay) so check your contract. However you should be able to reasonably expect to be paid for the work you
have done, regardless of when you leave
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blockhead_rich
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| posted on 3/4/11 at 06:41 AM |
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Thanks for the advice, just have to see what the boss says on Monday....then decideon my next action....
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Macbeast
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| posted on 3/4/11 at 06:58 AM |
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Commuting Colchester to London will take the shine off your new job
I'm addicted to brake fluid, but I can stop anytime.
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Marcus
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| posted on 3/4/11 at 03:28 PM |
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Did your initial contract state that your position will become permanent after a 6 month probation period? All ours do and you can walk at any time in
that period (we can also sack you with no real excuse!).
To have to work 3 months notice after 3 months employment is ludicrous
Marcus
Because kits are for girls!!
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blockhead_rich
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| posted on 3/4/11 at 04:54 PM |
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My contracted states that I need to give 3 months notice even within my 6 month probationary period! And I agree that this seems a little OTT
considering that I've only been there 3 months. I new on day one that I'd made a bad move but I did get a good salary increase so
it's been worthwhile (I think).
Have to hope that I get used to the commute but so long as the job is interesting then it will be worth it compared to where I am and what I'm
doing now!
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