Leaving a job whilst in probation period - Advice needed

[JamesBlacks 10]

I have been very unhappy and very stressed in my current vacancy that I started nearly 4 months ago. I am still in my probation period. My contract states that I must give 4 weeks notice, but doesn't say whether or not that is also in the probation period.

I have been just been offered another job but I must start in 10 days.

I feel stuck. What can I do? (Legally)

I've heard the idea of giving my notice and getting a sick note for stress from my doctor, but this is illegal and is classed as fraud if I worked in the meantime.

 

Help me!!!!!!

[Resident 1,195]

Just give them notice and the date you're leaving. Not a lot they can do tbh.

 

That or just stop turning up for work, they'll terminate you anyway.

[NorthernStar 11]

If you've got the chance of a better job just take it, you don't get too many chances these days and as Resident says their isn't a lot they can do.

[SaabMan 10]

I have been very unhappy and very stressed in my current vacancy that I started nearly 4 months ago. I am still in my probation period. My contract states that I must give 4 weeks notice, but doesn't say whether or not that is also in the probation period.

I have been just been offered another job but I must start in 10 days.

I feel stuck. What can I do? (Legally)

I've heard the idea of giving my notice and getting a sick note for stress from my doctor, but this is illegal and is classed as fraud if I worked in the meantime.

 

Help me!!!!!!

 

You could argue that you see the probationary period as a two way street and youve decided they dont meet your requirements then give them a couple of weeks notice.

Then leave.

[retrogo 10]

I have been very unhappy and very stressed in my current vacancy that I started nearly 4 months ago. I am still in my probation period. My contract states that I must give 4 weeks notice, but doesn't say whether or not that is also in the probation period.

I have been just been offered another job but I must start in 10 days.

I feel stuck. What can I do? (Legally)

I've heard the idea of giving my notice and getting a sick note for stress from my doctor, but this is illegal and is classed as fraud if I worked in the meantime.

 

Help me!!!!!!

 

Check with the future employer if a firm offer depends on a good reference from the current employer?

 

Though you have no perminant contract until the end of your probationary period, it may require some notice period such as 1-2 weeks.

 

Don't do anything rash which could affect the job offer.

[WeX 10]

I have been very unhappy and very stressed in my current vacancy that I started nearly 4 months ago. I am still in my probation period. My contract states that I must give 4 weeks notice, but doesn't say whether or not that is also in the probation period.

I have been just been offered another job but I must start in 10 days.

I feel stuck. What can I do? (Legally)

I've heard the idea of giving my notice and getting a sick note for stress from my doctor, but this is illegal and is classed as fraud if I worked in the meantime.

 

Help me!!!!!!

 

If an employer can fire you on the spot, you can leave on the spot too. Just don't expect a reference from them anytime in the future.

[barleycorn 10]

If an employer can fire you on the spot, you can leave on the spot too. Just don't expect a reference from them anytime in the future.

 

Yeah you can do that... however if you're contractually obliged to give notice and you don't your ex-employer can sue you for any costs incurred in covering your absence.

 

@ the OP, have you tried just asking your employer if you can leave in 10 days.

 

jb

[angelstar904 10]

im in the same position..

You dont have to work notice if your still in probation

probation is a 2 way street

just write your notice and leave.

[WeX 10]

Yeah you can do that... however if you're contractually obliged to give notice and you don't your ex-employer can sue you for any costs incurred in covering your absence.

 

@ the OP, have you tried just asking your employer if you can leave in 10 days.

 

jb

 

No they cant. the law is very simple, if they can sack you on the spot you can resign on the spot. You cannot sue a company for loss of earnings for being sacked and so they cannot do the same for you sacking them.

 

I know this is true because a family friend used this same loophole to get out of her contract working for the royal household. Her new employer was a barrister who specialised in employment law. I think the contracted term was 3 months notice but she left within a couple of weeks.

[barleycorn 10]

No they cant. the law is very simple, if they can sack you on the spot you can resign on the spot. You cannot sue a company for loss of earnings for being sacked and so they cannot do the same for you sacking them.

 

I know this is true because a family friend used this same loophole to get out of her contract working for the royal household. Her new employer was a barrister who specialised in employment law. I think the contracted term was 3 months notice but she left within a couple of weeks.

 

Sorry but no, you couldn't be more wrong. That's why we have employment contracts, to protect the rights of both employees and employers.

You can only be sacked* on the spot for some form of gross misconduct, the types of which will be detailed in your contract AND the company must follow fair disciplinary procedures. In such cases of gross misconduct it is the employee who is in breach of contract and can thus be summarily dismissed.

If an employee just walks out this is again a breach of contract by the employee, the employer then has legal recourse to recover any costs resulting from the breach.

If an employer were to unfairly dismiss an employee then the employee would have a case for unfair dismissal and could seek the appropriate recompense.

 

http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&r.l2=1073876974&r.l3=1074200615&r.s=m&topicId=1073876974

 

jb

 

* there are other forms of dismissal such as redundancy but your employer cannot just boot you out, they must serve the contractual notice period. At the discretion of the employer they may not require to work the notice period but they certainly do have to pay you for it.

[Bypassblade 10]

Sorry but no, you couldn't be more wrong. That's why we have employment contracts, to protect the rights of both employees and employers.

You can only be sacked* on the spot for some form of gross misconduct, the types of which will be detailed in your contract AND the company must follow fair disciplinary procedures. In such cases of gross misconduct it is the employee who is in breach of contract and can thus be summarily dismissed.

If an employee just walks out this is again a breach of contract by the employee, the employer then has legal recourse to recover any costs resulting from the breach.

If an employer were to unfairly dismiss an employee then the employee would have a case for unfair dismissal and could seek the appropriate recompense.

 

http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&r.l2=1073876974&r.l3=1074200615&r.s=m&topicId=1073876974

 

jb

 

* there are other forms of dismissal such as redundancy but your employer cannot just boot you out, they must serve the contractual notice period. At the discretion of the employer they may not require to work the notice period but they certainly do have to pay you for it.

 

Yes BC it's called PILON

[WeX 10]

Sorry but no, you couldn't be more wrong. That's why we have employment contracts, to protect the rights of both employees and employers.

You can only be sacked* on the spot for some form of gross misconduct, the types of which will be detailed in your contract AND the company must follow fair disciplinary procedures. In such cases of gross misconduct it is the employee who is in breach of contract and can thus be summarily dismissed.

If an employee just walks out this is again a breach of contract by the employee, the employer then has legal recourse to recover any costs resulting from the breach.

If an employer were to unfairly dismiss an employee then the employee would have a case for unfair dismissal and could seek the appropriate recompense.

 

http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&r.l2=1073876974&r.l3=1074200615&r.s=m&topicId=1073876974

 

jb

 

* there are other forms of dismissal such as redundancy but your employer cannot just boot you out, they must serve the contractual notice period. At the discretion of the employer they may not require to work the notice period but they certainly do have to pay you for it.

 

From my understanding you are wrong, if this argument can be used against the royal family and was done under advise from a predominant employment lawyer, I take their advise over yours any day. A contract does not top trump the law ever. Gross misconduct is a contractual term and nothing to do with the law.