How solid is a contract?
Author
Discussion

okgo

Original Poster:

40,563 posts

214 months

Saturday 27th June 2009
quotequote all
Hi,

I might be leaving my job at some point, my current contract says 1 weeks notice. Although I don't think my manager knows this, as the last couple of people have just done a months notice anyway..

I don't plan to do that, and have a final interview for something this coming week, can I just slap the letter down on the desk and leave after a week? Or can they get me some other way to work 2/4 weeks notice?

Ta.

CommanderJameson

22,096 posts

242 months

Saturday 27th June 2009
quotequote all
If your contract says a week, then a week it is.

okgo

Original Poster:

40,563 posts

214 months

Saturday 27th June 2009
quotequote all
CommanderJameson said:
If your contract says a week, then a week it is.
Ok, they were meant to change my contract from the trainee one to the normal employee one months ago, but because this would result in upping my basic they have skirted around the issue. So as long as they don't try and drop some st about that, then I am ok I suppose!

CommanderJameson

22,096 posts

242 months

Saturday 27th June 2009
quotequote all
okgo said:
CommanderJameson said:
If your contract says a week, then a week it is.
Ok, they were meant to change my contract from the trainee one to the normal employee one months ago, but because this would result in upping my basic they have skirted around the issue. So as long as they don't try and drop some st about that, then I am ok I suppose!
OK to go, one might say!

>ba-dum tish<

Eric Mc

123,953 posts

281 months

Saturday 27th June 2009
quotequote all
Is there anytjhing in the training contract that implies that the "normal" contract automatically kicks in after the training period has ended?

okgo

Original Poster:

40,563 posts

214 months

Saturday 27th June 2009
quotequote all
Eric Mc said:
Is there anytjhing in the training contract that implies that the "normal" contract automatically kicks in after the training period has ended?
Not from memory Eric, but I will read it again later. They pay increase hasn't kicked in redcard thats for sure.

Eric Mc

123,953 posts

281 months

Saturday 27th June 2009
quotequote all
I'd certainly read throgh the details in the original contract.

Even if it isn't specifically in writing, it may be implied and have been agreed on in conversation, which still makes it a valid term - but one which would be much harder to prove as no written record exists.

okgo

Original Poster:

40,563 posts

214 months

Saturday 27th June 2009
quotequote all
Eric Mc said:
I'd certainly read throgh the details in the original contract.

Even if it isn't specifically in writing, it may be implied and have been agreed on in conversation, which still makes it a valid term - but one which would be much harder to prove as no written record exists.
Had a look through and nothing is mentioned...

ridds

8,331 posts

260 months

Saturday 27th June 2009
quotequote all
What happens if you have never signed a contract?

Are you free to leave when you want?

Can they assume you've accepted the contract if you've been there a while?

Firefoot

1,600 posts

233 months

Sunday 28th June 2009
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If you have never been issued with a contract then current employment law applies.

okgo

Original Poster:

40,563 posts

214 months

Tuesday 7th July 2009
quotequote all
Hi chaps,

one more thing I would like to know is this.. From what it looks like I am entitled to give one weeks notice. I have two weeks holiday coming up, can I give my notice while on holiday and come back for say one/two days to clear things off?

Or must I give my notice while at work?

Ta.

edc

9,435 posts

267 months

Tuesday 7th July 2009
quotequote all
You can give your written notice whenever you want during your employment. Might want to remember that if you leave part-way through the year then you will only be entitled to a pro-rata holiday accrual, so at 25 days pa this is circa 2 days per month. If after you have taken your holiday, you are over, then this will be deducted from your final pay.

okgo

Original Poster:

40,563 posts

214 months

Tuesday 7th July 2009
quotequote all
edc said:
You can give your written notice whenever you want during your employment. Might want to remember that if you leave part-way through the year then you will only be entitled to a pro-rata holiday accrual, so at 25 days pa this is circa 2 days per month. If after you have taken your holiday, you are over, then this will be deducted from your final pay.
My company doesn't pay holiday pay anyway.

So say I am half way through the second week of my holiday and I give me weeks notice, this would mean back in work for 3 days to end things off. Then leave?

edc

9,435 posts

267 months

Tuesday 7th July 2009
quotequote all
You are not paid for your holidays?! Surely not the case. I bet they also pay people below the National Minimum Wage too and have everybody working more than 48 hours per week without having signed a disclaimer. If you had 2 weeks off in a month are you then only paid for 2 weeks not 4?

okgo

Original Poster:

40,563 posts

214 months

Tuesday 7th July 2009
quotequote all
edc said:
You are not paid for your holidays?! Surely not the case. I bet they also pay people below the National Minimum Wage too and have everybody working more than 48 hours per week without having signed a disclaimer. If you had 2 weeks off in a month are you then only paid for 2 weeks not 4?
Well I have a basic salary, which is a pittance. I would get paid this. Yes its under minimum wage I would imagine. And yes I work lots of hours. Sales job ya see. They are all the same.

But for employee's that started after a certain date they do not do an average commission paid for holiday scheme, we just get basic..

But is my understanding correct, I can give notice while actually on holiday?

Firefoot

1,600 posts

233 months

Tuesday 7th July 2009
quotequote all
So you are paid for your holidays then.

If you have enough holiday entitlement up to the date your notice will become effective to take 2 weeks then you can take a week off, and give your notice in with one weeks holiday left to run. There would be no need to return to the office.

If you do not have enough leave to take the 2 weeks, then they will only pay you as much as you are due, but your date of leaving would still be the date on your notice, you would just be marked down as unpaid leave for the remainder. (this is the way I would deal with it).

Has to be pointed out though that it is a bit of a crappy way to leave if you ever want a reference off them.

okgo

Original Poster:

40,563 posts

214 months

Tuesday 7th July 2009
quotequote all
Firefoot said:
So you are paid for your holidays then.

If you have enough holiday entitlement up to the date your notice will become effective to take 2 weeks then you can take a week off, and give your notice in with one weeks holiday left to run. There would be no need to return to the office.

If you do not have enough leave to take the 2 weeks, then they will only pay you as much as you are due, but your date of leaving would still be the date on your notice, you would just be marked down as unpaid leave for the remainder. (this is the way I would deal with it).

Has to be pointed out though that it is a bit of a crappy way to leave if you ever want a reference off them.
Ok fine.

Well basically, I am waiting for a job offer to come through from somewhere I went to interview for. I have two weeks holiday booked as of the end of this week.

The only issue is I have 12 cars to deliver by the end of the month or I get paid naff all. So I was planning to accept the other offer, take the holiday, give my notice about a week before the end of the month (close of play for pay) get all my cars out. Then leave near the 1st of August (the other place was flex on start date).

Because then when the 25th (payday) of Aug rolls round I get a full pay packet, and can survive for another month till the pay from the other place kicks in..

sleep envy

62,260 posts

265 months

Tuesday 7th July 2009
quotequote all
houses and minis

so what's next?

double glazing?

okgo

Original Poster:

40,563 posts

214 months

Tuesday 7th July 2009
quotequote all
sleep envy said:
houses and minis

so what's next?

double glazing?
Lettings again, maybe.

Scawie

331 posts

224 months

Tuesday 7th July 2009
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Can't give you any legal advice I'm afraid, but I'm happy to see that their attempt to diddle you out of a pay rise has come back and bitten then in the arse biggrin