Hating my job no contract has been signed but want to leave without 30 days notice

silentloner

I wish to leave my employment without the 30 days leave I have been paid (albeit £100 short) but I had 2 weeks holiday in that time. If I leave without notice does this mean that he can demand I pay it back ie baliffs etc?

I haven't signed an employment contract even though I have been there circa 6 months. Please advise, I cant face going back to this place tomorrow.

fengirl_2

Even though you have no written terms and conditions of employment, the fact that you turn up for work, do the work and are paid, constitutes a contract in UK law. In the absence of written terms the statutory rules apply and they state you have to give a week's notice with 6 mths service. If you have taken more leave than you are entitled to, your employer will naturally want his money back. he could take action in the small claims court to recover this. What are you going to do fro a reference?

silentloner

I have other employers who would give a reference, I cant believe this I would give him 30 days but I have been having sleepless nights even thinking of the place while in the caribbean so I cant stomach it anymore its putting a strain on my relationship with my girlfriend. On a different note I start a PGCE in september but its that bad I cant even stomach it for that little while longer. Where do I stand?

silentloner

it was six months on the 1st of march

silentloner

fengirl wrote: »

Even though you have no written terms and conditions of employment, the fact that you turn up for work, do the work and are paid, constitutes a contract in UK law. In the absence of written terms the statutory rules apply and they state you have to give a week's notice with 6 mths service. If you have taken more leave than you are entitled to, your employer will naturally want his money back. he could take action in the small claims court to recover this. What are you going to do fro a reference?

what happens if you give a weeks notice and then dont come in?

dmg24

You have already been made aware that you are unlikely to qualify for benefits if you leave your job without good reason.

If you find your current job stressful, are you sure that teaching is the profession for you?

Horace

silentloner wrote: »

what happens if you give a weeks notice and then dont come in?

He could start disciplinary proceedings, he will still want his money back if you have had paid holiday to which you are not entitled.

silentloner

dmg24 wrote: »

You have already been made aware that you are unlikely to qualify for benefits if you leave your job without good reason.

If you find your current job stressful, are you sure that teaching is the profession for you?

hahaha believe it or not I was teaching primary for 1 year in university but wanted to do a english degree first while I matured etc so I changed courses so yes I can do teaching. Its a dead end job, I have alot of responsibility but no room to fufill the heaps of pressure.

Dont worry the teaching aint an issue I am more than ready for it I just dont want the added pressure of someone harping on as if I am gonna be there for years. I just wanna know if I will be taken to the cleaners by him and trust me he is the type!

silentloner

Horace wrote: »

He could start disciplinary proceedings, he will still want his money back if you have had paid holiday to which you are not entitled.

How does one determine whether its entitled to or not?

honeypop

It depends on how many days holiday you receive per year and how that accrues. Eg, if you get 14 days holiday per year, that's equivalent to accruing 2 days per month, and if you book 4 days off in the first month you only accrued 2 days so you've taken 2 days that you were not 'entitled to' at that time, although normally this will not be picked up on as people stay in their jobs for a length of time and by the end of the next month you'd have accried 4 days but already taken the 4 days off IYSWIM.

How many days holiday do you get?
When does the holiday year start?
How many days in total have you taken and when?

Then we can work out what you were entitled to.

silentloner

I entitled to 20 days holiday and it starts on 1st january. I think I took 12 days holiday? Consider that I was underpaid £100 this month which I have still yet to reclaim.

Where do I stand.

This is a very helpful site.