GRRR! boss issues.... again.
Discussion
Having got myself another job, go to hand in my notice (2 weeks as specified at interview). 'Oh no, its a four week notice, you are contractually obliged'.
1) No its not, I was told 2 weeks, and thats what other people who resigned have had
2) What contract? I have no contract, I never signed anything or was asked to sign anything and have never seen a
contract for this company.
1) No its not, I was told 2 weeks, and thats what other people who resigned have had
2) What contract? I have no contract, I never signed anything or was asked to sign anything and have never seen a
contract for this company. 
Hmmm!? No contract = no notice period?Its so annoying. Its not the first time weve had this mythical contract referred to.
I need their reference though.
At the same time, I am absolutely not going to stay for another month. If it means I have a bad mark at the end of my reference so be it....
Just got a bitchy email on the subject...... Lying lying lying lying......
1 ... 2... 3...
>> Edited by lanciachris on Thursday 3rd February 10:16
I need their reference though.
At the same time, I am absolutely not going to stay for another month. If it means I have a bad mark at the end of my reference so be it....
Just got a bitchy email on the subject...... Lying lying lying lying......
1 ... 2... 3...
>> Edited by lanciachris on Thursday 3rd February 10:16
Just ask them to show you the contract you signed, and then get them to point out where it says you have to stay for 4 weeks. Seeing as you haven't signed a contract they will probably struggle to do this. Problem solved.
I wouldn't be too worried about the reference either considering you already have another job.
Edit: Just read it again, and seeing as you do need the reference
then speak your new employers and explain the situation to them now. I'm sure they will have come across a similar type of situation before.
>> Edited by wolves_wanderer on Thursday 3rd February 10:43
I wouldn't be too worried about the reference either considering you already have another job.
Edit: Just read it again, and seeing as you do need the reference
then speak your new employers and explain the situation to them now. I'm sure they will have come across a similar type of situation before. >> Edited by wolves_wanderer on Thursday 3rd February 10:43
wolves_wanderer said:
Just ask them to show you the contract you signed, and then get them to point out where it says you have to stay for 4 weeks. Seeing as you haven't signed a contract they will probably struggle to do this. Problem solved.
I wouldn't be too worried about the reference either considering you already have another job.
Was about to suggest this. but would do so by e-mail, or other written format, printing a copy off as proof of the problem should this arise when you go for an interview, etc.
Any Employment Solicitors about? (Me humble Property Solicitor so can only offer laymans advice!)
I am no expert, but unless you have done something truly heinous, I have found that it is nigh on impossible for an employer to (legally) give an outright bad reference, so I wouldn't worry about that.
Definitely request a copy of the contract though, and state you're expected leaving date in a formal letter of resignation.
Definitely request a copy of the contract though, and state you're expected leaving date in a formal letter of resignation.
morebeanz said:
I am no expert, but unless you have done something truly heinous, I have found that it is nigh on impossible for an employer to (legally) give an outright bad reference, so I wouldn't worry about that.
Definitely request a copy of the contract though, and state you're expected leaving date in a formal letter of resignation.
They can't give you a bad reference but its what they decide to leave out that can make it a bad reference.
Negotiations that I shouldnt have to make underway... New employer is flexible, and understanding of situation.
Current employer - meeting with boss after lunch, including a line manager who i respect who ive asked to sit in so that he can stop me beating the ignorant shit round the head.
Plan : politely point out that I dont have a contract, but dont want to leave them in the lurch, equally not wanting to leave my new employers in a difficult position.
If they are absolutely firm on this 4 weeks thing then depending on how much theyve pissed me off I will state that im leaving in 2 weeks and they can deal with it. If they are open to a bit of negotiation I will say 3 weeks.
Current employer - meeting with boss after lunch, including a line manager who i respect who ive asked to sit in so that he can stop me beating the ignorant shit round the head.
Plan : politely point out that I dont have a contract, but dont want to leave them in the lurch, equally not wanting to leave my new employers in a difficult position.
If they are absolutely firm on this 4 weeks thing then depending on how much theyve pissed me off I will state that im leaving in 2 weeks and they can deal with it. If they are open to a bit of negotiation I will say 3 weeks.
Calmly point out that it is a legal requirement for you to have a contract of employment with them. As you dont have one and have never had one with them they have breached your rights under employment law (tribunals love this) and then tell them to kindly ferk off.
If they wish to make a stink you can then make a much louder/smellier one than them.
If they wish to make a stink you can then make a much louder/smellier one than them.
DeltaFox said:
Calmly point out that it is a legal requirement for you to have a contract of employment with them. As you dont have one and have never had one with them they have breached your rights under employment law (tribunals love this) and then tell them to kindly ferk off.
If they wish to make a stink you can then make a much louder/smellier one than them.
Leave immediately, claim compensation for 'constructive dismissal' because of their refusal to provide a written contract, then start with your new employer.
lanciachris said:
Ho hum. team meeting today, First item on the agenda...
Chris is leaving to further his career, leaving us in a vulnerable position yadda yadda yadda. Cheers boss, not bitter and twisted at all are we
I bit my tongue.
I would have retorted with suggestions for agenda items for the next meeting:
1. Review of salaries to ensure in line with market.
2. All employees to have a personal development plan.
3. Retention sheme to ensure vital employees are retained.
mxdi said:
I always understood that 13 weeks of working for the same company, turning up to work each day and receiving payment for this, means there is a contract, albeit nothing on paper but still obligation.
Or was that my last boss just having me on?
No, I think it becomes the accepted 'status quo' in a legal situation. You keep turning up, you must be happy to do so. They keep paying you, they must be happy to do so... etc.
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