Casual work contracts - what's the notice period if you want to quit early?

pippaaaaaaa

Thanks in advance for any help anyone can give

Basically - I agreed to a temporary position (no fixed end date was ever agreed, just mid September, although my letter and contract of employment do not state an end date) back in June. I signed a casual worker contract, which says nothing about giving notice; just that I am under no obligation to accept hours offered to me, under no obligation to be offered hours, and that my engagement terminates automatically on the final day etc. At the time, I was intending to go back to uni in September. Things have since changed, and I let them know I would be available until next August, and would like to stay on. This was roughly a month or so ago, and was okayed by my boss.

However, I now want to leave. As soon as possible. I have clinical depression and took the job on the advice of my psychiatrist because he felt working would get me out of the house and give me something to focus on. I didn't mention this at interview or on my starter forms though, as I was afraid I would be discriminated against because of it. At first, the job did help, and now, due to problems with a colleague, my depression is becoming more and more aggravated and I dread work. I also often end up leaving work 30-45 minutes late most days, without being paid for this, and have been given extra tasks that are NOT part of my job by the aforementioned problem colleague, which add extra delay to my shifts (I should also add that I am the only person asked to do these extra tasks - it is not something that has been introduced as a shift procedure for everyone. Just me. The task is actually part of the day shift, but people don't bother to do it, so now I have to as they can't be arsed to ask the other colleagues to do it). I'm completely miserable and spend my days off crying and dreading going into work, and having panic attacks. I'm nearly in tears at work when this colleague criticises me. I am reluctant to therefore stay any longer than I have to, and am looking to apply elsewhere and leave as soon as I can find another job, whatever it is and whatever the pay and hours are.

Does anyone know what my rights are as a casual worker with terminating my engagement early? My contract says nothing about notice specifically - under the 'notice' heading it just says my employment terminates automatically when my engagement ends. It also says that I have the right to choose whether or not I accept the offer of any engagement etc. How much notice do I legally need to give? I've signed off on rotas for the next few weeks, does this affect my notice period? It also says that I am under no obligation to complete a set or reasonable amount of work, if this affects anything.

skint4

Legal notice by law is 1 week, however given that your contract states you are under no obligation to accept the hours offered to you, just give in your notice and then don't accept any hours offered to you, therefore meaning you dont have to go back again.

Also remember to check when they will be paying you any money they owe you and arrangements for sending p45 etc.

LittleVoice

The part about being able to refuse to accept any hours offered suggests that you are on a zero hours contract.

Without anything in your written particulars to suggest otherwise, then the statutory maximum notice that could be requested of you is one week.

If you have accepted the rota hours then I think you would now need to give them notice if you wished to leave early - but it would be one week (eg hand in your notice on a Tuesday and your final day of work would be the following Tuesday).

Do talk this over with someone who you normally speak with about your mental health. Normally I would recommend standing up to what is going on at work but you clearly would prefer simply to get out - and I can understand that.

Best wishes

LV

pippaaaaaaa

skint4 wrote: »

Legal notice by law is 1 week, however given that your contract states you are under no obligation to accept the hours offered to you, just give in your notice and then don't accept any hours offered to you, therefore meaning you dont have to go back again.

Also remember to check when they will be paying you any money they owe you and arrangements for sending p45 etc.

Brilliant - just a quick q, does the fact I've signed off on rotas for the next few weeks mean that I need to work those few weeks? Or not?

Out of courtesy I'm planning to work the next two weeks or so as they're short-staffed, but no longer than that. But I don't want to create a tense atmosphere (especially given I want to leave due to a colleague's attitude), so plan to give minimum notice.

skint4

In legal terms even though you may have signed rotas 1 week should be sufficient notice UNLESS there is something in your contract about this, however I am sure that if you talk to your boss and are planning to work the next couple of weeks anyway you won't have any probs

pippaaaaaaa

LittleVoice wrote: »

The part about being able to refuse to accept any hours offered suggests that you are on a zero hours contract.

Without anything in your written particulars to suggest otherwise, then the statutory maximum notice that could be requested of you is one week.

If you have accepted the rota hours then I think you would now need to give them notice if you wished to leave early - but it would be one week (eg hand in your notice on a Tuesday and your final day of work would be the following Tuesday).

Do talk this over with someone who you normally speak with about your mental health. Normally I would recommend standing up to what is going on at work but you clearly would prefer simply to get out - and I can understand that.

Best wishes

LV

Thank you! Unfortunately I can't see my psychiatrist again until early September as they're on leave (and the only psychiatrist available - I see them through my university), but I was planning on trying to get a last minute appointment with my GP asap as she prescribes my medication and I frequently see her for routine review of my depression. I'm applying for work asap and won't leave until I have secured another job, but I'm hoping I can manage to get some short term, part-time temp work at the very least.

I intend to explain why I wish to leave if I do secure another job, because I know that other members of my team are aware of the way this colleague acts (one has said that she felt the same when she first started, and was told by the others that that's just how she is until she makes up her mind about you, and to stick it out) and I do think the company need the feedback. Not in a petty way, but because I am extremely professional and would never dream of treating someone the way I have been, and I actually can do the job very easily, as I've pretty much done it before with another employer, and like everyone else in the office - but have been worn down over the last two months to the point where I can't continue, for my own health. I've tried to view it as constructive criticism, and being given extra tasks because I'm trusted, but she's made it clear that she thinks I'm incompetent and lazy (interestingly, my contract also states I'm under no obligation to achieve any set or reasonable amount of work - I'm very tempted to point this out to her), and I've given up trying to explain myself and rebut her criticisms. And I'm also fairly sure if I did raise a grievance about it, nothing would be done (this colleague has been there for several years and is the manager's deputy), and work would be very awkward - she's very, very close with the rest of the office.

LittleVoice

pippaaaaaaa wrote: »

Brilliant - just a quick q, does the fact I've signed off on rotas for the next few weeks mean that I need to work those few weeks? Or not?

Out of courtesy I'm planning to work the next two weeks or so as they're short-staffed, but no longer than that. But I don't want to create a tense atmosphere (especially given I want to leave due to a colleague's attitude), so plan to give minimum notice.

Even if you had accepted hours for the next three months you would still only legally need to give them one week's notice. You do not have to work all the hours you have accepted if they are beyond the notice period.

That also means that you are available to start with a new employer quite quickly, if they want you to start earlier than the two weeks or so you were thinking of staying in any case.

HappyMJ

Don't bother trying to explain why you are leaving. Simply write up a short letter giving notice...No reasons at all. Even though you don't see it as petty explaining the reason it is. So just ignore it. Look after yourself and move on.

pippaaaaaaa

HappyMJ wrote: »

Don't bother trying to explain why you are leaving. Simply write up a short letter giving notice...No reasons at all. Even though you don't see it as petty explaining the reason it is. So just ignore it. Look after yourself and move on.

Having thought about it a bit more, I think you're right that this is the best strategy and will probably burn fewer bridges, thank you. Also avoids any unnecessary hassle that could arise if I did raise the issue.