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Handed notice in..can i leave right away ?

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Comments

  • Quiet_One
    Quiet_One Posts: 234 Forumite
    Part of the Furniture Combo Breaker
    I would be more worried about your reference that you get from your employers because leaving them in the lurch like that won't impress them or future employers as they may think you will do the same to them...I would be polite and helpful as possible and if you can work any of your notice do so and at least then they will see you tried and shown them some respect at least.
    if i had known then what i know now
  • suited-aces
    suited-aces Posts: 1,938 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    That occurred to me. If she told the boss she's going to work for that her old company are miffed at her leaving and are trying to enforce unfair notice period, he would be a bit more understanding about the reference, and hopefully in future provide a glowing one to counter it?
    I'm not bad at golf, I just get better value for money when I take more shots!
  • suited-aces
    suited-aces Posts: 1,938 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    The imbalance in law compensates for the imbalance in power though.
    I'm not bad at golf, I just get better value for money when I take more shots!
  • Horace
    Horace Posts: 14,426 Forumite
    I am assuming that you are paid monthly? If you are then it is statutory to give 4 weeks notice of your intention to leave, if you leave straight away you will only receive pay for the days' worked.

    If your old employer is genuine then he will be prepared to wait until you have worked your notice period.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Horace wrote: »
    I am assuming that you are paid monthly? If you are then it is statutory to give 4 weeks notice of your intention to leave, if you leave straight away you will only receive pay for the days' worked.

    If your old employer is genuine then he will be prepared to wait until you have worked your notice period.


    Please provide a link for that

    This one(the employment act) says different.
    http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_10#pt9-pb1-l1g86
  • DCFC79
    DCFC79 Posts: 40,643 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 May 2010 at 7:25PM
    Uncertain wrote: »
    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.

    i didnt get it from anywhere, like i said im not an expert, it makes sense to me that if you dont work the notice then the employer arent entitled to pay holiday thats due but like i said im not an expert and of which i could be wrong
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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

    DCFC79 wrote:
    i didnt get it from anywhere, like i said im not an expert, it makes sense to me that if you dont work the notice then the employer arent entitled to pay holiday thats due but like i said im not an expert and of which i could be wrong

    As uncertain suggested, you were not correct in your "know" though "it makes sense" to you.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    DCFC79 wrote: »
    i didnt get it from anywhere, like i said im not an expert, it makes sense to me that if you dont work the notice then the employer arent entitled to pay holiday thats due but like i said im not an expert and of which i could be wrong

    You are not correct I'm afraid!

    The principle here is that two wrongs do not make a right. As I said the employer may have a claim against the employee for failing to work his notice (in theory at least) but this doesn't give them the right to impose arbitrary penalties. The employee would have a straightforward ET claim for unlawful deduction of wages if the employer did as you suggest.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    Horace wrote: »
    I am assuming that you are paid monthly? If you are then it is statutory to give 4 weeks notice of your intention to leave,

    No it is not!!!!

    Between two and twelve years service the notice period is one week per year's service. Being paid monthly has nothing whatever to do with it!
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Uncertain wrote: »
    No it is not!!!!

    Between two and twelve years service the notice period is one week per year's service. Being paid monthly has nothing whatever to do with it!

    Sorry but no it's not. Despite what you may have read on a Business Link site, statutory notice FROM an employEE does not increase beyond one week. It is only the employee's right to notice from an employer which increases in the way you suggest.
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