Contracts and Notice - Help needed!!

jessie15

Hi, could some one give me some advice please. My daughter has been offered a new job and the starting date is the 9th Feb which my daughter has accepted, but upon checking her contract for her present job, as she has been there for 6 months she needs to give 4 weeks notice, she has called HR who say that if her manager is willing to let her go early then thats fine. Now, her manager is being funny with her and will not discuss it, just dismissing it in and saying she has not got time to look at the rota (my daughter gave in her notice on Friday and has worked all weekend with her manager) my daughter has 5 days holiday left, so by my way of thinking she has two weeks notice plus one week of holiday so we are only looking at one week or does it not work like that? She should have let her new employer know today that she can definatley start on the 9th Feb.....

Bielzibub

Unless she's already handed her notice in a couple of weeks ago, then unless the company let her go early she isn't going to be available by the 9th. They may refuse the holiday depending on how they book holidays as giving notice doesn't suddenly mean the rules on taking holidays changes.

jessie15

Thanks for your reply Bielzibub, what could happen if she leaves two weeks early anyway?

Caroline73_2

They would probably document it on her reference, and they would dock the wages. Her manager is being a bit unfair to not discuss it but maybe she hasn't got the time?

It's not just the inconveniece to the company she presently works for, but if I was her new employers I would be worried that she failed to read her contract properly. Has she discussed it with her new company?

bookduck

Make sure that the company will pay her final 5 days (or by then it might be 6) days salary after she has left. If they are not going to pay it then tell the personnel dept and her manager that her final date is x and taking this into account due to holidays not being paid and to be taken int account the final working day is x-5.

Make sure it is all in writing (or email), rather than verbal

Blankie

If her manager is being funny with her then i'd advise her just to write a letter basically stating what her last day of work is going to be (ie leaving in time to start the new job on the 9th), thank you and goodbye. She already has a new job so unless it is still dependant on a reference from her current employer what are they going to do??
Maybe i'm just the bolshy type but who does the manager think she is - give the girl 5 minutes of your time - your a manager thats what you're paid for.

Confusedconsumer_2

Look on the following website under emmployment: www.adviceguide.org.uk

That should be of help, if you are still undecided contact your local citizens advice bureau, they are in the phone book.

Good luck.

JoolzS

Unless a negative reference* from her current boss is going to affect her new job then she should just walk out on her current job on the Friday and start her new job on the Monday.

I've never known a company to hold an employee to a statutory notice period - the employee can just do too much damage. If your daughter's manager is trying to keep her there I think I'd find that a little bit creepy.

*it's very hard for a previous employer to give a negative reference unless they are prepared for a law suit. As I understand it from a friend of mine who is a manager of a mid-sized company - the only reference they can legally give is to confirm employment dates! They can also add other things that paint the employee in a good light, but they cannot criticise.

Julie

SomeBozo

JoolzS wrote: »

*it's very hard for a previous employer to give a negative reference unless they are prepared for a law suit. As I understand it from a friend of mine who is a manager of a mid-sized company - the only reference they can legally give is to confirm employment dates! They can also add other things that paint the employee in a good light, but they cannot criticise.

Julie

This is rubbish.

An employer must give a accurate and true reference! If an employee was diciplined for time keeping, this can included as it was true and happened! If an employee leaves before their notice period is over, this can be included as its true!

Some employees tend not to give references at all and just state dates (usually law firms!) but thats because they choose to do it!

Its not illegal to state "Mrs X was diciplined 3 times for poor time keeping" as its true! What would not be allowed is "Mrs X is a poor time keeper". See the difference?

Please can we stop perpuating the myth that references can't contain anything negative!

Bozo

Caroline73_2

In theory the OP's might find her new job even worse than her current one and wish to leave. In is usual to ask for two referee's on application forms, and if you leave jobs after a short period time some employers will ask for references dating back over a period of time.

To say just walk out is quite irresponsible and short sighted.