Some work advice please guys??

[chris1982]

Hi all,

Just looking for a bit of advice regarding my work, if anyone knows employment law out there it would be helpful right now.

To fill you in on my situation. I was made redundant in November 2008 and had to find a job asap obviously due to the recession, i luckily got a job early December, it wasn't a job that i wanted and i knew that i wasn't going to enjoy it but needs must and all that so i took it cos i needed the money and couldn't chance me finding another position quickly in the new year. Anyway, i took the job and carried on looking for another as i started. I really hate the position that i had to take over christmas and has made my life pretty s**t.

Luckily this week i had an interview for a new job and i managed to get it (brilliant news) so i am now looking to leave the crap job asap but i am unsure on what notice i should give?? I believe that as i am on a 3 month probation period i only have to give a week but i am prepared to give 2 weeks just so i can help out some of the guys who are ok there. I haven't actually signed a contract of employment either so i am just wondering where i stand and what people think i should do? i don't really want to piss the bosses off as you never know when you may run into someone in the future but i also want out in a couple of weeks, does anyone have any info that could help or know employment law so i know my rights if it does get ugly (which it could cos the boss is a t**t!

Many thanks in advance guys

[AJS-]

Speak to your current boss. It probably is a week in the first 3 months, and with all due respect I doubt if you're so indispensible to them at this early stage that it will seriously drop them in it if you left after a week. But you're right it can only do you credit to leave on good terms, so explain the situation and see how long they want you to stay for, then pass that on to your new employer.

And congratulations on getting a job you want despite the tough times!

[Les.ley]

AJS- said:

Speak to your current boss. It probably is a week in the first 3 months, and with all due respect I doubt if you're so indispensible to them at this early stage that it will seriously drop them in it if you left after a week. But you're right it can only do you credit to leave on good terms, so explain the situation and see how long they want you to stay for, then pass that on to your new employer.

And congratulations on getting a job you want despite the tough times!

1+

[chris1982]

Thanks guys, yeh i know that i am not important to them at this stage but you still feel like your letting someone down when they employ you and you leave straight away. Maybe i am too loyal.

I will be speaking to my current employer when i get my official offer letter and tell him that i am leaving in a couple of weeks, just not sure what the reaction will be. Oh well suppose i am just going to have to take it as i am leaving either way he reacts. Lol

Thanks for the congratulations, just shows that it is hard times but if you work hard you can get something that you want. Hope some other job hunters out there are having good luck too.

[Alfa_75_Steve]

I suspect they'll let you go on the spot under the circumstances.

[AJS-]

Think of it this way, it's a 3 month trial and that is a two way street. They might well come to you and say they don't think it's working out anyway, and you're quite with in your rights, both legally and IMO morally to say the same.

Provided you've given it a fair chance and pulled your weight while there, I don't think anyone could reasonably hold it against you for doing that.

[steviegasgas]

You should have received a contract of employment within 4 weeks, if not its just temporary(trial) and you can leave when you want, thats my understanding. So if you give a week thats loads.

[Pork]

Speak to the boss and tell him how it is. He'll understand and probaby let you go when you want, if not sooner.

[ADJimbo]

Whether you have 'signed' a Contract of Employment is unenforceable by them or you - you have verbally accepted it, given the fact you have accepted wages under it...

How are you paid, and by what frequency? If it is weekly, one would advise that you are in a weekly notice period. Likewise for monthly and three monthly and so on...

Maybe a deal can be done, that is down to yourself...

Edited by ADJimbo on Tuesday 27th January 01:12

[steviegasgas]

Contract of employment will have terms of notice within it, how you are paid is irrelevant. I do believe, could be wrong!!!

[chris1982]

Thanks for the help guys, just to let you know that i haven't signed or received a contract of employment so this is the conundrum where i have no idea of notice period. I understand where it has been mentioned that i have verbally accepted and have accepted wages, this is true but at the same time the probation period of 3 months i believe is for both parties and means i can say i am not happy just like they can at any stage.

I think it will just have to be an awkward conversation to see what they think. I have pulled my weight and worked hard for them even though i didn't want to be there but now i am just looking to get out asap and as comfortably as possible. Think i am just going to tell them i am giving a weeks notice and see what their reaction is! If they don't like it then it may be a negotiation there and then.

[AJS-]

First of all, wait until you have the paperwork in front of you. A verbal offer is not something to hand your notice in over, especially at the moment.

When you have got it, explain the situation to you boss and ask if is a week is enough. That little difference says that you're not dropping him in it regardless but giving him the information and working towards a mutually satisfactory outcome.

If he's been managing people for any length of time he will have had a lot worse experiences than this and will most likely be impressed that you even considered it. I've known people to simply not turn up, call in sick for a week or provoke a blazing row rather than face this slightly awkward but ultimately perfectly normal discussion.

[chris1982]

I will definately not be giving in my notice until i have the offer letter i can assure you that, i think that would be suicide just in case something happened (touchwood nothing bad does happen).

I will be talking it through with my current boss and trying to be as diplomatic as possible but he is a bit of a strange character and i can imagine he will react funnily as he can be that sort of person. It will be awkward either way i believe but ultimately once i have that offer in my hand i suppose i have the power as i can just walk out if he tries to make my life hell for, not that i will just i know i don't have to be there forever when i have that offer!

[Rich135]

You definitely only "need" to give a week - that is the whole point of a probation period - they can get rid of you in a week, and you can ditch them in a week.

As others have said - ask them what suits them if you want to, but if it were me, and the boss is a tw@t, then just tell them they have a weeks notice and move onto new pastures. You are not doing anything wrong by doing that, so if they hold anything against you, then they are totally unreasonable, and you wouldn't want to do business with them again in the future anyway, so no bridges burnt.

Good luck, and well done.

[AJS-]

Indeed, and this will seem like a really trivial problem in a couple of months when you're settled in a new job you enjoy.

But give him the benefit of the doubt, and if he does get shirty you've got the high ground.

[AndrewTait]

At the end of the day, if you explain the situation, (i.e. This isn't working out, and I want to leave at the end of next week) and the boss goes ape st, then would you really want to go back working there at any time in the future? I know I would not.