Leaving my job on wednesday without giving notice.

Jerryjerryjerry

Hi all, I wonder if anybody can help.

I'm leaving my current awful job on wednesday without giving any notice. I've worked there for 5 awful months. The only reason I lasted so long was the fear that I wouldn't get another job quickly.

I have finally been lucky enough to get another job (better paid), and I can't wait. I'm going in for an induction on thursday. I get paid tomorrow (tue) or (wed).. I'm going to bank the cheque then leave.. I will post the keys through the letterbox.

The company i'm leaving have to be the worst employer i've ever had the misfortune (in 20 yrs) to work for. The boss is very abusive and they have a high turnover of staff. I wasn't even allowed to meet him at my interview because and I quote the office manager "he'd have scared you off".

Anyway, they owe me about 10 day's holiday pay which i'm quite happy to forfeit. I just couldn't bare to tell them i'm going, as, since i've worked there, three other girls who left were treated even more appallingly than usual, in the weeks leading up to their departure.

I don't care about a reference as my previous employers will let me have one.

The question is, what do I do about my P45? Can old employers withold it? Isn't it against the law?

How long can I fob off my new employers? I have a recent P60 - will that do?

Also, what if the new employers do ask the current employer for a reference? Isn't it against the law to say negative things? All I would worry about was the fact they'd say she left us in the lurch.

Thank you for any replies.

Jerryjerryjerry

P.s. I've never signed a contract and in my invitation letter, it states that I should give one week's notice of any termination of employment (which I wasn't asked to sign to acknowledge).

Also, I was within my six month probation period.

money_maker_2

I cant say much to answer your questions but I will say Good for you! It must feel really good to tell a company who treat you like crap and dont give you any support/training where to go!! Good luck with it and come back to me telling me how good it feels

Googlewhacker

They could but its very very unlikely sue you for breach of contract because whilst you didn't have a written one you did have one and as such statutory terms would have applied and one of those is the notice period of a week!

So whilst they prob won't don't be surprised if they are spiteful and take you to court (however if you are not going for the holiday pay they prob won't)

downshifted

It isn't against the law to write the truth in references - so they could say you left them in the lurch.

I wouldn't worry too much about it as you can explain why you did it if the truth comes out

It's worth writing the current employer resigning with immediate effect and asking for the balance of your holiday pay, bearing in mind you are expected to give a week's notice

Good luck in your new role :-)

tizerbelle

They have to send you a P45 by law. If they don't just ring your tax office (details of your tax office and empoyers reference will be on your P60).

For the new job you can just complete a P46 (download from HMRC website) instead.

As for negative reference, yes your old employer can supply a negative reference as long as it is true. References have to be objective and supportable by fact - positive or negative.

downshifted

PS While Googlewhacker is technically correct, I've never heard of an employer taking someone to court for costs they were out of pocket for a week's notice. It is not worth the hassle and the court would not tend to be sympathetic to the employer

MrsManda

Jerryjerryjerry wrote: »

Also, what if the new employers do ask the current employer for a reference? Isn't it against the law to say negative things? All I would worry about was the fact they'd say she left us in the lurch.

Did you put them down as a reference on the application for your new job?
It is NOT against the law to make negative comments on a reference, if it was there'd be no point in asking for a reference. A reference has to be factual so yes, they would be able to say that you left without notice if they were asked for a reference.
http://www.direct.gov.uk/en/Employment/Employees/Startinganewjob/DG_10026703

You should still receive a P45 from your employer as it's a legal document, however if you don't have one and your new employer wants one quickly you can always ask to fill out a P46 instead.
http://www.hmrc.gov.uk/working/forms/paye-forms.htm#1

Mrs_Arcanum

You could give 10 days notice as holiday commencing Thursday.

Googlewhacker

downshifted wrote: »

PS While Googlewhacker is technically correct, I've never heard of an employer taking someone to court for costs they were out of pocket for a week's notice. It is not worth the hassle and the court would not tend to be sympathetic to the employer

True and they would probably only do it in spite or if you did pursue the holiday pay they could threaten the suing as a counter

Googlewhacker

Mrs_Arcanum wrote: »

You could give 10 days notice as holiday commencing Thursday.

Only if the employer agreed and they just wouldn't.