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Wanting to leave before notice period ends! Help!

Im working part time for a clothing company. I'm looking for another job, because the pay and hours are crap, I don't get paid enough to help pay all the bills, maybe 2 at the most. I do get paid every other week, but £100 for two weeks isn't enough, especially with rent and bills and debt on top of food.

I have to give 4 weeks notice, but if I find a full time or part time job where the pay is better, I am not going to want to do the entire 4 weeks. Most employers will want you to start asap, and I worry that by telling them I have to give 4 weeks, it will turn them off. How can I quit, but get out immediately? If I quit and tell them I won't be coming back, what can they do? It's the type of shop where at least 3 people ask about a job there everyday, so they could easily find someone in less than 3 days. And I'm most certain they have about a million applications on file, as well. I don't have to worry about them being understaffed, it's just that I signed the contract. I just don't want to be sued.

Comments

  • cazziebo
    cazziebo Posts: 3,209 Forumite
    They won't sue you. the worst that could happen is that you lose any yet unpaid salary and get a bad reference. If you are as fed up as you sound then that shouldn't be a great loss.

    It's very rare for people to be sued for not working notice. Too expensive unless you're looking at very senior levels where there has been a lot of investment from the company and the person is going to a competitor. In retail that won't be a concern.

    Don't stick around in a job that makes you unhappy if you have an alternative.

    good luck
  • cazziebo wrote: »
    They won't sue you. the worst that could happen is that you lose any yet unpaid salary and get a bad reference. If you are as fed up as you sound then that shouldn't be a great loss.

    It's very rare for people to be sued for not working notice. Too expensive unless you're looking at very senior levels where there has been a lot of investment from the company and the person is going to a competitor. In retail that won't be a concern.

    Don't stick around in a job that makes you unhappy if you have an alternative.

    good luck

    I wouldn't use them as a reference. I'm taking a course in September and in order to do it, I have to volunteer at a place with kids. So when I do get my career started, I'll use the people where I volunteer. I always use my friend who I used to work with. He's a manager at a shop and used to be a teacher, so he's credible.

    As far as the job. I get paid £5.35 to stand at the dressing room for 4 hours, and to walk around the shop making up little boring jobs to do. lol

    Thanks for the quick reply! When I do find a job, I'll just tell them I won't be coming back.
  • Savvy_Sue
    Savvy_Sue Posts: 47,359 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How long have you been there? That can affect how long your notice period is, it's shorter during any probationary period, I believe.

    Also are you owed any holiday? If so, you can take part of your notice as your paid holiday.

    I believe that even if you walk out, they still owe you for your holidays!
    Signature removed for peace of mind
  • joeblack066
    joeblack066 Posts: 1,757 Forumite
    Just be wary what you tell a potential new employer....if you say that it's four weeks notice but you'd be happy to leave early, you'll look as if you have no loyalty! Say something like, it's 2 weeks notice, (which technically it should be if you're paid fortnightly), but you have enough hol due to cover it. Most places are reasonable about notice periods these days, and will wait for you to start.
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Just be wary what you tell a potential new employer....if you say that it's four weeks notice but you'd be happy to leave early, you'll look as if you have no loyalty! Say something like, it's 2 weeks notice, (which technically it should be if you're paid fortnightly), but you have enough hol due to cover it. Most places are reasonable about notice periods these days, and will wait for you to start.

    The OP said they had to give 4 weeks notice, so presumably that is what is stated in their written particulars of employment. Being paid fortnightly (or whatever) does not technically affect the notice period.

    Walking out from a job without giving notice (when notice is due), is breaking the contract - and obviously OP is concerned about this. Though it is exceedingly unlikely that an employer would sue for the breach, some employers could try to withhold payment for unused holiday entitlement.

    Having said all that, employers do not like to have an employee who clearly doesn't want to be there, particularly when they are customer-facing, so are very likely to let you go quickly without the need to work out the full notice period.
  • The OP said they had to give 4 weeks notice, so presumably that is what is stated in their written particulars of employment. Being paid fortnightly (or whatever) does not technically affect the notice period.

    Walking out from a job without giving notice (when notice is due), is breaking the contract - and obviously OP is concerned about this. Though it is exceedingly unlikely that an employer would sue for the breach, some employers could try to withhold payment for unused holiday entitlement.

    Having said all that, employers do not like to have an employee who clearly doesn't want to be there, particularly when they are customer-facing, so are very likely to let you go quickly without the need to work out the full notice period.

    I'm not bothered about not getting paid, because they pay is horrible anyway. I just don't want any legal issues. But like I said, they could easily replace me in 3 days (30 times over).
  • jacquij123
    jacquij123 Posts: 188 Forumite
    Just a warning if you are going into a career with children the checks are tightening. When we employ people we insist on a reference from the previous employer and to be honest it looks suspicious if you don't use them. We have also not been able to accept any personal references, fortunately so far everyone has been able to provide professional ones instead, we had one from a teacher but we had to send it back and ask them to put it on headed paper from the school.
  • jacquij123 wrote: »
    Just a warning if you are going into a career with children the checks are tightening. When we employ people we insist on a reference from the previous employer and to be honest it looks suspicious if you don't use them. We have also not been able to accept any personal references, fortunately so far everyone has been able to provide professional ones instead, we had one from a teacher but we had to send it back and ask them to put it on headed paper from the school.

    I plan on doing the volunteer work before quitting.
  • jacquij123 wrote: »
    Just a warning if you are going into a career with children the checks are tightening. When we employ people we insist on a reference from the previous employer and to be honest it looks suspicious if you don't use them. We have also not been able to accept any personal references, fortunately so far everyone has been able to provide professional ones instead, we had one from a teacher but we had to send it back and ask them to put it on headed paper from the school.

    I did ask my manager if he would give me a reference for the volunteer work, but he said that if you work for the company less than 6 months they don't give references. He said he'll say I work there, but that's it. Is that going to hinder me being able to volunteer? I want to give my first employer in the UK. My old manager was an ex-teacher. But if they need a reference from this place which is more than my job telling me I work there, they won't do it.

    So I guess my other comment is obsolete.
  • HappyG1rl
    HappyG1rl Posts: 242 Forumite
    cazziebo wrote: »
    They won't sue you. the worst that could happen is that you lose any yet unpaid salary and get a bad reference. If you are as fed up as you sound then that shouldn't be a great loss.

    I don't think an employer can withhold payment for hours you have actually worked and am pretty sure you would not lose any unpaid salary. They would actually have to sue you for breaching the contract and it just wouldn't be worth their while.

    That said, I think you should try to adhere to the terms of the contract if you can or consider having a chat to your employer if you wish to leave sooner. It may be that they are quite amenable to the idea if they aren't going to have difficulty replacing you and you explain you cannot afford to continue working there rather than just not liking the job.
    I'll never be a Money Saving Expert while my kids are Mony Spending Experts.
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