Handed notice in..can i leave right away ?

paul2468

Will start at the begining...broke my ankle on 2nd Jan..was off sick untill 1st May...when i have returned on phased back to work......Just been offered my old job back on better hours.....only thing is they want me to start in 4 days.....Phoned my boss at the local council and explained the situation....he said...leave it with him and he woudl speak to H.R. and get back to me.
He texted me back saying that they want 28 days notice...i have already told my old boss that i will start in 4 days as he needs someone right away.
I work in a call centre for our local council....can they make me work the 28 days ?...and if i left could they take me to court looking for money ( a friend told me this )...would they be liable to pay me any holiday pay due ?.
I have worked here for just over 2 years but not signed a contract...but have been told that if you work with a firm for 2 years without contract you are on the same conditions as everyone else.
Please help as i so want to start this new job.

DCFC79

Whether or not you have a contract you have been there for 2 years so yes you have the same rights as if you had signed a contract, if you were to leave now you wouldnt get any holiday payed

paul2468

So if i left now would i also lose the 2 weeks that i have worked this month ?

DCFC79

paul2468 wrote: »

So if i left now would i also lose the 2 weeks that i have worked this month ?

Im not an expert but i do know that if you leave without not enough notice you dont get any holiday owed to you and im not sure about any pay you have so far this month

there should be soemone more knowledgeable along soon

RedSoleShoes

paul2468 wrote: »

So if i left now would i also lose the 2 weeks that i have worked this month ?

Depends what the T&Cs state (these will exist even if you have never received a copy). Some places will seek to claim compensation (either through courts or by withholding final pay) if you leave without notice. They will use the argument that your sudden departure will cost them financially.

You have shot yourself in the foot already but if you are planning to leave a place with no notice, you should do it after you have been paid and after you have taken any holiday owing! Even then though, there is no guarantee they won't take you to court for breach of contract.

If your old boss is genuine, they will realise you have to give notice and not expect you to just leave. After all, it doesn't look good from any direction.

Uncertain

DCFC79 wrote: »

Im not an expert but i do know that if you leave without not enough notice you dont get any holiday owed to you and im not sure about any pay you have so far this month

there should be soemone more knowledgeable along soon

Where do you get this idea from?

Unless there was a clause in the OP's contract (and as there isn't a written one this would be hard to assert) the firm cannot legally make such deductions from his wages.

If he fails to give the required notice (the greater of contractual or the minimum required by law) the firm could, in theory, sue him for any losses they suffer. They would have a duty to minimise the losses as far as possible. However, in practice, this is incredibly rare and almost unheard of except in very senior situations.

If the firm have failed to provide written particulars of employment then they are at fault and a penalty could be added to any award at an employment tribunal dispute.

RedSoleShoes

As others have also stated, it is rare for a company to bother taking you to court. Sorry, just realised my post makes it sound more like they will, I was just putting across the 'contractual' side of it.

If you don't want to do the notice period, then don't. I doubt they will do anything about, especially when you have been off a while anyway. They must have other cover for you in that time. I think they will pay your last two weeks but you may have to chase them for it. It is probably more in their interest to just pay you and cut their losses rather than risk you suing them for non payment

getmore4less

If you were never given particulars of employment or pointed at the staff hand books that give notice requirement.

What was in the job offer

Statutory notice would be 1 week.

You acumulate holiday while off sick so you may have enough(whats the holiday year) allthough you don't have the right to take them during notice you do have the right to have them paid.

anamenottaken

Local councils will have standard terms and conditions of employment. I would expect that you have been given them - there is no requirement for these to be signed by either you or the employer.

Are you actually directly employed by the Council? I'm not sure what the significance is of your saying that working somewhere for two years means you are on the same terms as everyone else.

suited-aces

By law, you must give one week's notice if you have worked for your employer for a month or more. Your contract may demand longer.
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026688


In the absence of a contract to the contrary OP, one week seems to be the time. Dunno where HR got 28 days from.

suited-aces

From same link

You should make it clear to your employer that you are formally resigning. You can give your resignation verbally, unless your contract of employment says otherwise. However, it's always a good idea to put it in writing, saying:

• how much notice you are giving
• what your last day will be