Notice Period Being Fair?

Freebird40s

Hi All,

Just need to check that I'm being fair, in a very unfair situation.

I have worked for the same small firm for 3 years and basically run the business for the owner. The business has grown and has a good profit margin.

The nature of the business is the provision of specialist data processing services to larger firms.

The owner does not believe in paying the correct rates of pay and only pays what he can get away with. I am actually below minimum wage if I count all the hours I work.

I have decided to become self employed and I'm about to hand in my notice, but when?

I have no formal written contract or stated terms or offer letter to guide me. I'm paid weekly and should only work 30 hours a week but it is more like 50 at the moment. Having looked around a bit on the web, one full week appears to be what the law requires however the word "reasonable" amount of time depending on position is also used?

I could just about give one months notice but I'm not that keen to do so as the owner is not the easiest person to get a long with and I can see him being a total pain during this time.

A family member of the owner is due to start, and he was making a rambling speach about this last week and did we have any concerns, so now feeling a little guilty if I don't say anything.

The family member originally started the firm and is likely to be the boss in the long run. So any hopes of a previous offer I made to buy the business from the owner being taken forward have now completely gone.

I want the get out with the minimum of fuss possible now, I'm concerned that if I wait until two weeks before I want to go he will say No! You have to stay for a month!

I intend to give two weeks and say the minimum is one week but as goodwill I'm giving you two weeks. I guess that if he either kicks me out straight away or makes it impossible for me to work for him that would still be constructive dismissal?

Thanks for reading, any thoughts?

tactful

I would wait until you are ready to go it alone. When you are give one weeks notice. Seems like the reasonable thing to do in the abscence of a contract, given you don't want to stay there very long.

getmore4less

In the absence of anything that says different, writen contract, company handbook offer letter etc, or contractual agreement it was said at interview then the statutory notice applies.

One week is more than adiquate for minwage job, don't even think about giving them any more.

If you can get them to let you go that will be 3weeks pay from them so that may be an option see below execise your rights to min wage.

Make sure you are ready to earn if going it alone.

I think you need to sort out you minimum wage issue, this is not legal, so make sure you have records of the hours done, you should be able to put a claim in for back pay. at least consider not working the hours as soon as you hit average min wage.

Is there anything else wrong what holidays do you get, total including bank holidays?

If they really are dependant on you then get out and offer your services(make sure you have multiple clients).

Forget loyalty, you owe them nothing.

Sambucus_Nigra

And don't forget - if they wanted you to be there for a month after giving notice, they would have written it into a contract. The fact that they are paying you below min wage for running a profitable business speaks volumes.

Freebird40s

Hi, Thanks for the replies.

Yes I know I should be stronger regarding min. wage, problems stem from original route into role from being unemployed and employer getting fee to take me on. Acts as if he did me a big favour (which at first was only partly true) and dangles the 'it's a hard time for business' line which is such a load of bull in his case.

Complains that he staff leave, but does not want to change his ways. Will put down some details just in case I need them but chances of this Dickensian dinosaur paying up are very slim indeed. Think Scrooge before his conversion!

Will continue to play fair, do the right thing but only work a one-two week notice max. Will have to see what happens if he gets difficult and does not pay at least what he owes me will think about getting CCJ. Gloves will be off when I'm not his employee anymore and can go after his clients!

Thanks again

Constant_Gardener

Sorry but a bit of 'tough love' needed here - If you are an employee of a company that is not complying with their legal obligations you should consider grievance procedure. Check out Adviceguide / Dealing with grievances at work or the ACAS website.

Despite what has already been said about your limited requirement to give notice you seem to be giving them the benefit of doubt / being over generous and hence letting them off the hook in several respects.

Are you really tough enough at the moment to go self-employed where even more people will be trying to get something for next to nothing from you? Business plan? Access to money etc?

If you are a key player in the current success of the business, then find out and enforce your legal rights, stop doing ridiculous unpaid overtime for which you do not even get thanks or recognition. Re-assess the whole situation before making a decision.

Regards not wanting to make a fuss - sorry but you should man/woman up and consider this as a better option than being a doormat - you never know, this 'new family member' might be key to recognising your dedication over 3 years and give you a proper role / contract / pay and with 3 years service in the bag you could stay and flourish! OK, so you are not going to buy out the business... there are alternatives.
Good luck - rant over!

Constant_Gardener

PS at worst you get 'made redundant' and have a bit of cash rather than resignation

getmore4less

Freebird40s wrote: »

Hi, Thanks for the replies.

Yes I know I should be stronger regarding min. wage, problems stem from original route into role from being unemployed and employer getting fee to take me on. Acts as if he did me a big favour (which at first was only partly true) and dangles the 'it's a hard time for business' line which is such a load of bull in his case.

Complains that he staff leave, but does not want to change his ways. Will put down some details just in case I need them but chances of this Dickensian dinosaur paying up are very slim indeed. Think Scrooge before his conversion!

Will continue to play fair, do the right thing but only work a one-two week notice max. Will have to see what happens if he gets difficult and does not pay at least what he owes me will think about getting CCJ. Gloves will be off when I'm not his employee anymore and can go after his clients!

Thanks again

you are not playing fare you are playing dum*ss

if ready to leave then start with making sure you are getting minimum wage.

1 weeks notice let them crawl for more, masive pay(in advance) to stay longer and all back pay for the hours done at least to to take you upto min wage.

Freebird40s

Thanks for the info on Adviceguide. The answer is yes I'm ready to go self-employed, have planned it for some time with the option of staying in exchange for much better pay. Needed time to sort things out for this so could not have gone all out attack on the boss until now. The problem is with it being such a small firm, if you fall out with the boss, that is it job over. Yes I have options to take things further, but it takes time for the law to grind into action if needed rather than just the threat of using it.

Also the firm's reputation is really my reputation with clients (and vise-versa) at the moment, if I did not work extra hours deadlines would slip and before long clients would be lost. Fine you may say, however not good if I then approach them and ask for work for myself better to say when I worked for x you always got your work on time, although this only works if I put an end to it soon as I have enough 'credit' with them now.

So will read through guidelines, put together holiday / overtime claim, ask for meeting with boss and see if he will cough-up if not bye bye and take claim further. Will need to be careful of order of things, leaving because I'm in dispute rather than just resigning although from what I have seen elsewhere you can just state bare facts in resignation letter. "I'm leaving on this date you owe me £ for unpaid overtime and holiday pay". And then later if not paid does not effect options in law.

getmore4less

You have no legal right to paid overtime other than minimum wages so no point putting pay me for overtime.

IF your primary source of business is going to be existing customers you need to be carefull.


Think what are you going to do if he sues you for trying to poach customers.

Freebird40s

Hi, yes will actually ask for min. wage for extra hours rather than a multiple of my normal rate. Have had some legal advice, basically I can't make contact with his customers for my own work while I'm an employee, however I have not signed any restrictive covenants ( I have no written contract, employee handbook or even a formal offer letter) so when I'm not his employee no restrictions as the law is then on my side again.