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Advice for a friend
cd02
Posts: 685 Forumite
Hi
Just wondering if anyone could offer any advice.
My friend started work 2 weeks ago but the job isn't anything like it was advertised and they're changing things on a daily basis start/finish times, duties involved, location etc).
She's tried to stick it out but its not getting any better and the place seems like a complete waste of time.
In her contract it states she'd have to work 1 months notice but does this still stand if she hasn't signed your contract and sent it back yet?
Just wondering if anyone could offer any advice.
My friend started work 2 weeks ago but the job isn't anything like it was advertised and they're changing things on a daily basis start/finish times, duties involved, location etc).
She's tried to stick it out but its not getting any better and the place seems like a complete waste of time.
In her contract it states she'd have to work 1 months notice but does this still stand if she hasn't signed your contract and sent it back yet?
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Comments
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Notice is either a statutory or contractual matter.
In this case, you have a contractual terms that governs the relationship. Just because a contract is not signed, does not mean that it does not have effect unless there is recorded evidence that suggests the terms have not been agreed.
Strictly speaking, your friend must give a month's notice. However, in practical terms there is very little stopping your friend from breaching the contract and leaving earlier.
If she breaches the contract and leaves with less notice, she could in theory, be sued for breach of contract and the losses that flow from it. However, the reality is that this is highly unlikely and losses would be very difficult to quantify.
The upshot is that your friend can leave early. What she needs to consider is the effect on her CV, a bad reference, etc.I am qualified lawyer, but nothing I post here should be construed as legal advice. I am simply trying to point people in the right direction as opposed to giving them accurate legal advice.
If you think I've been helpful, hit the "Thanks" button!0 -
Thnks for the reply.
Think I'll have to sit here down and go through the pro's and con's of working/not working it then...0 -
2 weeks is a job which is not worth putting on a cv. It is better to go now than carry on for 2 months and then think about how to tie it up on a cvHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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