Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: Baron Von Spongebob on 04 November 2007, 15:36:46
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I have been working for a company for 3 weeks..Monday will be the start of my 4th week.
I have just been offered another job so would like to finish with my present employer asap.
Question is..I think if you have not worked for a company for a month or more i dont have to give notice.Can someone confirm this please.
Also could i go in to work tomorrow and finish tomorrow at the end of shift..
Dont get me wrong i do not do this usually but the place im working is a con job so want to leave asap but legally..
Since gaining a new job this Sunday mornig i have now been offered even another new JOB ON SUNDAY AFTERNOON, WHAT IS IT SUNDAY INTERVIEW DAY OR WHAT.
Anyway im sticking with this mornings offer but need help to annoy tell my present employer my decision.
I never knew becoming a Baron would make this much difference ;D ;D ;D
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Depends whether you have actually signed a contract with your current employer, and what the conditions are in it. Worst case scenraio the worst you may have to do is one weeks notice, then again they maybe fine with you leaving tomorrow. Then again they may not and just withhold any outstanding wages.
Really depends on whether you have signed a contract and what the conditions state, however, if you have been employed temporarily then you can in theory leave when you like, as they can sack you or let you go whehn they like.
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as far as i know you will have to give notice....however i beleve it could be just a weeks notice
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I have not signed a contract and from what ive read under a month no notice over a month and 1 weeks notice, The only thing that worries me is i dont want a fight with the remaining money owed to me, It was hard enough getting it out of them thus far. :y
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I have not signed a contract and from what ive read under a month no notice over a month and 1 weeks notice, The only thing that worries me is i dont want a fight with the remaining money owed to me, It was hard enough getting it out of them thus far. :y
Give them a weeks notice from tommorow then :y
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if you have not signed you can leave when you like its not as if they can bet you for breach of contract if you never signed one... :y
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if you have not signed you can leave when you like its not as if they can bet you for breach of contract if you never signed one... :y
Thats what i think :y
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EMPLOYMENT RIGHTS ACT 1996 s.86(2)
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NOTES.
ERA 1996 s.86 is entitled "Rights of employer and employee to minimum notice".
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BASIC POSITION
Statutory minimum notice to be given by an employee is one week if he has been in continuous employment for at least one month (ERA 1996 s.86). If employed for less than one month, the common law requirement of reasonable notice will apply.
An employee's contract can validly provide that the employee must give longer notice than the statutory minimum (and in this context it is worth remembering that employment contracts are valid even if not in writing - for notes on minimum legal requirements see Statement of particulars of employment/employer's obligation to provide ). It therefore follows that a verbal or other unwritten agreement between employer and employee for a minimum notice period can be legally binding.
As a matter of common sense, and this is reflected in case law, words spoken in the heat of the moment will not be automatically binding. So if an employee resigns in a temper and the employer refuses to accept retraction of the resignation a short while later it is likely, depending on all the circumstances, that the employee will be able to win an unfair dismissal claim (see Martin v Yeoman Aggregates Ltd 1983 ICR 314, EAT).
Unless the employer has acted so improperly that the employee can treat his contract as ended (as to which see notes on constructive dismissal ) or something has happened which makes it impossible to go on working (see notes on frustration of contract ) it is an unlawful breach of contract for an employee to resign without giving the notice, if any, required by his contract. However because employment contracts are "personal" the courts will not order specific performance as a remedy for the breach (save in very exceptional cases - see eg Powell v London Borough of Brent 1988 ICR 176, CA) so in practice if an employee quits without giving proper notice the only course normally open to the employer is to grin and bear it - or in exceptional cases to sue for damages (see below).
DTI Booklet PL707 (Rev 13) entitled "Rights to notice and reasons for dismissal" is a useful summary of relevant law (available free of charge from HMSO or the DTI Employment Service - see addresses, tel & fax nos - and on the DTI Website).
MORE DETAIL
In law an ex-employee who has resigned without giving the notice required by his contract and without justification can be sued by the former employer for breach of contract (ie for damages to make good any reasonably foreseeable resulting loss such as the additional costs of hiring a temp to cover until someone else can be found to do the job). In practice, in the majority of such cases it is unlikely to be practical or cost-effective for an employer to take a former employee to court if that is the only cause of action.
An employer may of course be tempted to take the law into his own hands and make what he considers to be a proper deduction from the employee's final pay if that has not yet been paid. Unless the employee had given prior consent, for example in the employment contract, such unilateral action by the employer would be unlawful and could result in an order by a tribunal for payment of what is effectively a penalty (see notes at Deductions from wages etc/deductions from wages, salary or pay generally and especially Deductions from wages etc/penalty for improper deductions from wages ).
However if the employee left to go to a better job and the new employer knowingly encouraged the employee to switch jobs without giving the notice required by his current contract the previous employer would also have a claim against the new employer for inducing the breach of contract (see for example Bowen v Hall [1881] 6 QBD 333). If the facts warrant it an employer might therefore sometimes think it worth taking legal action against a poaching employer, especially if he is a business competitor.
The fact remains, nevertheless, that in the real world, legal action by an employer against another employer who has head hunted or poached employees is uncommon except where questions of breach of restrictive covenants are involved.
There is an important side effect to the fact that an employer is legally entitled to sue an ex-employee who has resigned without giving proper notice. This is that the legal existence of the right, whether or not it is enforced, can have the effect of nullifying a contract clause giving the employer the right to deduct the equivalent of notice pay from any final amount due if an employee leaves without giving proper notice. As noted above such a clause can operate as a valid exception to the rules forbidding deductions from wages etc but under general principles will only be valid if it is a genuine pre-estimate of damage. Otherwise it will be regarded as an illegal "penalty clause" (see Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co [1915] AC 79 and for a recent example see Smith v Giraud UK Ltd 2000 EAT, unreported).
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Hmmm
Im phoning ACAS in the morning see where i stand..Hopefully my employer will lose his temper if he does not i must try to photograph him when i tell him.. Stick it.. ;D
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Reading that it all rests on what they told you when you were hired.
Did they mention a notice period?
If not it's down to reasonable notice, and if he got shirty he would have to convince a court that his view was reasonable and yours wasn't, not a road I expect he would want to go down costwise.
If he tries to withhold wages then he's out of order and you can threaten ultimately with an unlawful deductions case at tribunal.
First step would be exhaust the company's grievance proceedure before tribunal. Basically write a letter stating that you had a grievance because you were not paid the wages owing.
If you want a standard ACAS approved grievance letter, just send me a PM.
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I would give him a weeks notice Russ, he has to pay what he owes but he could make it very difficult for you, and due to the recent wages problem i think he would, ie, he could drag on paying you up for weeks.
:y :y
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I would give him a weeks notice Russ, he has to pay what he owes but he could make it very difficult for you, and due to the recent wages problem i think he would, ie, he could drag on paying you up for weeks.
:y :y
I agree.....as its being polite and fair to him, to give him time to find a replacement.
Altho even if you give a weeks notice.....he may ask you to leave immediately....a result for you, but you did give him the option :y
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they can be ar**y about references!
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I would give him a weeks notice Russ, he has to pay what he owes but he could make it very difficult for you, and due to the recent wages problem i think he would, ie, he could drag on paying you up for weeks.
:y :y
I agree.....as its being polite and fair to him, to give him time to find a replacement.
Altho even if you give a weeks notice.....he may ask you to leave immediately....a result for you, but you did give him the option :y
I agree with what your saying being fair but, if you knew what i have had to put up with youd say different but i am not using the forum for slagging the company off...Read the News of the World next week ;D ;D ;D Only Joking
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Play it by ear tommorow :y, explain to him/her the issues about the late pay, and that you can't work like that, you have found another job, which you can start immediately, but will work to the end of the week if he/she needs you too. Would assume they have a week in hand on the wages?
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Play it by ear tommorow :y, explain to him/her the issues about the late pay, and that you can't work like that, you have found another job, which you can start immediately, but will work to the end of the week if he/she needs you too. Would assume they have a week in hand on the wages?
Yes a week in hand..Will see what happens in the morning and make a phone call to ACAS for legality reasons to be sure..Let you all know soon.
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as i understand it, you will have to give at least one days notice up to one month of employment, and a week thereafter.
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as i understand it, you will have to give at least one days notice up to one month of employment, and a week thereafter.
Bit of a grey area really, common law says "reasonable notice" but what's reasonable to Russ may not be to his employer. Not much thay can do about it other than sue for breach of contract which I expect would be unlikely given the cost of solicitors etc.
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as i understand it, you will have to give at least one days notice up to one month of employment, and a week thereafter.
Bit of a grey area really, common law says "reasonable notice" but what's reasonable to Russ may not be to his employer. Not much thay can do about it other than sue for breach of contract which I expect would be unlikely given the cost of solicitors etc.
Reasonable notice for under 1 month employment must be less than a week i would think otherwise why stipulate after 1 month you must give 1 weeks notice but as said what is reasonable notice,,1 day will be enough to put up with .. :y
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Not sure what it is you do, but if they know you do not intend to stay they may actually prefer that you leave asap and not stay on for another week? especially if the job involves training and you are not yet giving 100% back.