Notice period and the law

[pinhead 10]

Can anyone give me advice as to where I stand legally and the consequences of my actions?

 

I am on a three month notice period at work and have found another job, not with a competitor who wanted me to serve only a months notice. I negotiated six weeks with him and he has agreed. I handed in my resignation giving six weeks notice. One week later my present employer gave me a letter telling me to work nine weeks notice. I now have the choice of walking out or asking my new employer to wait another three weeks if he will. I fear if I ask him he may wihdraw his offer. The new job is more money, better prospects and less hours so it seems a no brainer. however I would hate to leave on a bad note.

 

Any advice welcome.

[Cyclone 10]

it's probably a bit late to say that you should have just been honest about your notice period.

 

Do you have any annual leave accrued with your current employer, take that as the last few weeks of your notice period if you can.

[Titian 10]

As far as I am aware you are legally obliged to serve your notice, unless your employer has breached thier own contract in some way.

[pinhead 10]

Originally posted by Cyclone

it's probably a bit late to say that you should have just been honest about your notice period.

 

Do you have any annual leave accrued with your current employer, take that as the last few weeks of your notice period if you can.

 

 

I was, I said on the application that I was on a three month contract. He wanted me to start within a month of the job offer. I do have holidays but I need them in August, I need to know what the implications of walking off the job are.

[Titian 10]

Originally posted by pinhead

I was, I said on the application that I was on a three month contract. He wanted me to start within a month of the job offer. I do have holidays but I need them in August, I need to know what the implications of walking off the job are.

 

I think it will depend on your employer. If they are willing to negotiate then give it a try by offering to help find a replacement. Otherwise i think you may be stuck, legally.

[leeroyb 10]

This may be just my experience so I'm not sure about the law, but I had a similar situation, when I discussed it with my employer at the time they said I'd sacrifice the company reference, some pension stuff I didn't pay into and holiday pay owed, but I took this before I left anyway.

[Cyclone 10]

if you leave without agreement early then they might have the right to reclaim monies equal to your salary for that period. Exactly the same as if they ended your contract immediately you would get paid in leui.

[savbaby 10]

i am sure that the law is you only have to work 7 days notice, regardless of your length of service.. the only time notice is longer is if the employer is letting you go. i think the employers can request longer notice but ido not think oyu have to give it.

[Cyclone 10]

Originally posted by savbaby

i am sure that the law is you only have to work 7 days notice, regardless of your length of service.. the only time notice is longer is if the employer is letting you go. i think the employers can request longer notice but ido not think oyu have to give it.

 

notice period is defined in your contract, there is no set amount in law.

[commie pig 10]

Originally posted by Cyclone

notice period is defined in your contract, there is no set amount in law.

there is actually, but it's only a minimum of (something like) seven days. however that is merely a minimum and a guideline, your contract can state almost anything.

 

so to refuse to work the notice agreed in the contract is a breach of that contract, and the company CAN sue the worker if they break it. More likely they will simply give a god awful reference anbd badmouth you around the place - which can be serious if you are at all senior (as I guess you would be with a 3 month notice period) and in an industry where a good rep is important.

 

As to holiday - you won't be at this company in August, so it doesn't matter if you need to take it tjhen, as you will start a new holiday wentitlement period when you start with your new company.

[missrabbit 10]

i am currently looking for a new job as i hate my current job and no one really likes me (big age difference and am seen as too young and incapable of doing the same job as the older staff). I am on my 6 month probation period but my contact says that i have to give 1 months notice. When i get a new job i want to leave asap and am tempted to just not go back. I wouldn't normally do this but i am so unhappy at work. I have told my boss that the office is a horrible atmosphere and he hasn't done anything about it and even adds to it. I know that if i hand in my notice and work the month, it will be 10 times worse and that my boss wouldn't let me work any less than a month.

 

Didn't wanna start my own thread as they would have just been merged, but what can happen if i was to do this? Can my employer sue me?

[neeeeeeeeeek 10]

I think that technically your employer could sue for costs incured. Say you leave 3 weeks early and they have to get a contractor in for three weeks, I think that they could try and charge you for that and anything else then can muster! As to weather they would bother, who knows..