Resignation Notice Problem

GothicStirling

Gordon_Hose wrote: »

But you're OK with people saying one thing then going back on it?

Nice one. :T

In any case, I clearly stated it wasn't the "done thing", and I'm in no way suggesting the OP do what I said. If it was me personally, I'd walk right out of there, I've done it before and I'd happily do it again. Couldn't care less what anyone thinks about that, my priority is me.

Must be nice to be able to afford to lose a month's wages then.

And yes, I've been in this situation before. I sat down with my manager, explained the situation and his response was 'you've looked after us, so we'll look after you.' I was supposed to give 4 weeks notice, I only worked one.

It's disrespectful to your co-workers to drop them in the ****. One day you'll be on the otherside of the situation, and you'll understand.

zzzLazyDaisy

GothicStirling wrote: »

Do you realise that the employer has the legal right to withold the wages up to the notice period? That would be a month's wages for the OP.

This is incorrect advice.

Even if OP fails to work the full notice s/he is still entitled to be paid for the period s/he has worked. A failure to do so amounts to an unlawful deduction from wages and breach of contract, and would easily be dealt with by way of a claim to an employment tribunal.

As stated by another poster, if OP fails to work the last week of the notice period, the employer's only recourse is to sue OP for the additional expenses arising out of the breach of contract. So, for example, if the employer had to take on agency staff for that last week, he could claim the difference between Op's wages and the cost of employing the agency staff if higher.

However the chances of the employer actually taking OP to court for such a small amount (if incurred at all) are probably unlikely.

Gordon_Hose

I didn't lose a months wages when I did it. They paid me up until I walked out.

The OP has already stated his boss said he could go after 3 weeks then went back on his word. Why should the OP show any loyalty whatsoever, when his tool of a manger thinks it's funny to mess him about? I suspect sitting down with his manager isn't going to get the desired result.

If any colleague of mine did it, I'd understand completely, especially if the boss had been treating them like a mug.

Gordon_Hose

zzzLazyDaisy wrote: »

This is incorrect advice.

Even if OP fails to work the full notice s/he is still entitled to be paid for the period s/he has worked. A failure to do so amounts to an unlawful deduction from wages and breach of contract, and would easily be dealt with by way of a claim to an employment tribunal.

As stated by another poster, if OP fails to work the last week of the notice period, the employer's only recourse is to sue OP for the additional expenses arising out of the breach of contract. So, for example, if the employer had to take on agency staff for that last week, he could claim the difference between Op's wages and the cost of employing the agency staff if higher.

However the chances of the employer actually taking OP to court for such a small amount (if incurred at all) are probably unlikely.

Thanks for clearing that up

serious_saver

Have you checked your contract to see if it specifies 4 weeks notice? If it doesn't specifically mention 4 weeks you should be fine to walk out. If not you just have to accept that either your old employer or new one will be annoyed.

Here's the best info I can find

The minimum statutory notice period which must be given by an employee is at least one week's notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service.
Minimum notice does not apply to the following people:

• independent contractors or freelance agents - see our guide on employment status
• employees whose fixed-term contracts have come to an end, with a few exceptions

Unless a contract states otherwise, notice can be given on any day. The notice period runs from the start of the day after the day on which notice was given. So if a week's notice is given on a Monday, the period of notice will begin on the Tuesday and expire at the end of the following Monday.

getmore4less

If the boss agreed to 3 weeks then it needs mutual agreement to change it.

Statutory and contactual no longer apply.

Just say you do not agree with the new notice you will be sticking with the 3 weeks as agreed.

ska_lover

If it were me, I would be out of the door after the three weeks. YOu boss is messing you about and i wouldnt let him mess up a new job

SevenOfNine

Why don't you start by asking the new employer if you can start in 4 weeks instead of 3, before all the 'just walk out' is considered.

If the answer is that it MUST be in 3 weeks or the job offer is withdrawn, & you don't need a decent reference, I'm afraid I wouldn't let the current employer stand in my way (this opportunity may not come your way again - or for a very long time in the current job climate).

However, I wouldn't 'just walk out'. As soon as you have the definitive answer from the new employer and assuming the answer is 3 weeks, have a formal chat with your current boss, apologise but tell him you will be leaving at the end of the 3 weeks as you cannot afford to lose the new job opportunity. Then ask if there is anything you can do whilst working the your notice to help the company adjust (ie write crib sheets for some of your tasks, show others/the boss what to do, be available via email once you've left to offer advice/answers if needed etc).

DiggerUK

Cover your backside, tell new employer your problem, see if they will wait the extra week.

If you do get up and leave in three weeks, what's your current boss gonna do....Fire you?

GothicStirling

zzzLazyDaisy wrote: »

This is incorrect advice.

Even if OP fails to work the full notice s/he is still entitled to be paid for the period s/he has worked. A failure to do so amounts to an unlawful deduction from wages and breach of contract, and would easily be dealt with by way of a claim to an employment tribunal.

As stated by another poster, if OP fails to work the last week of the notice period, the employer's only recourse is to sue OP for the additional expenses arising out of the breach of contract. So, for example, if the employer had to take on agency staff for that last week, he could claim the difference between Op's wages and the cost of employing the agency staff if higher.

However the chances of the employer actually taking OP to court for such a small amount (if incurred at all) are probably unlikely.

So how did one of my former employers withold £300 of my wages when I left after a manager gave me a 'this isn't working out talk?'