2nd job offer dilema...

wafmoo

Hypothetical at the moment - but wanted to see what people think.

Having been out of wwork through redundancy for over 2 months, i accepted a job offer 2 weeks ago today, and have worked for just over a week.

However, I have had an interview today for another job - the call came last week, having applied nearly 3 weeks ago ( i had almost given up on hearing from them).

The interview went well, i think. The position is more of what I am used to, is 50% more hours, at a higher rate per hour. It would be a supervisory role with better prospects...
I will find out this evening if I am successful.

This is where I have a dilema - the potential new employer woud require me to start next Monday (28th). I haven't signed any paperwork / contract with current employer, so how would I stand in telling them I want to finish at end of this week?

Also, at current employer - my line manager is on holiday in October, and I have been asked to cover extra shifts as I am a keyholder. I don't know what they woud do, or if they could find someone else to replace me within 2 weeks.

Sorry it's a bit long - hope you get the gist of what I am asking...

Gouldy

If you haven't signed any paperwork then you are not held under a contract to agree to working a period of notice, which means you could potentially just leave the company. However if you don't get this job then I would make sure you do get a contract with your current employer...

engineer_amy

In most standard contracts, and according to ACAS (http://www.acas.org.uk/index.aspx?articleid=4096) the statutory notice period is one week, if the employee has worked continuously for a month or more. Less than a month and there is no entitlement to give or receive notice by either party.

Edit: if you haven't been handed a copy of a contract, or been advised of notice periods verbally or written, then the statutory rules apply.

So if you are offered the second job and decide to take it, you wouldn't have any liability to the first company. Although, depending on the attitude of managers, they could make it difficult and delay wages or something along those lines.


it would be courtesy to provide as much notice as possible if you know you are leaving i.e. don't wait until Friday afternoon to tell them you wont be in on Monday!


In terms of the holiday cover, that is the company's issue, not yours. They should have certain contingency plans in place to cover holidays, sickness, absence.


you need to do what is right for you, if the new job is better money and prospects and suits your lifestyle then go for it and don't be worrying about having loyalty to a company you have worked in for only a week

engineer_amy

Gouldy wrote: »

If you haven't signed any paperwork then you are not held under a contract to agree to working a period of notice, which means you could potentially just leave the company. However if you don't get this job then I would make sure you do get a contract with your current employer...

not necessarily - you can be handed a contract and you don't have to sign it, but if you continue working there with no notice of refusal or dispute of the contract, then you are deemed to have accepted the terms and would be bound by it.


But I agree with the second part - whatever option you take, you should request a copy of your contract as soon as possible, plus any handbook/policies & procedures that they may have. Just in case of any issues in the future, if you have all the information to hand, it makes life easier.

Undervalued

Gouldy wrote: »

If you haven't signed any paperwork then you are not held under a contract to agree to working a period of notice.

Nonsense!

Very few things in English law have to be in writing to be enforceable and this certainly isn't one of them.

A contract of employment is far more than just a piece of paper with the work "contract" on it!

By accepting the job the OP has agreed to the firm's terms and conditions of employment which may well specify a period of notice. If they don't, then the default legal position applies which is zero notice during the first month of employment and one week after that.

wafmoo

Got offered the second job yesterday evening!!

Will be telling current employer today that I will be leaving as I don't feel the job is quite for me....hopefully they take it well.

As others have said, I am under no obligation to them, so could just hand my keys back and leave, but I will do my remaining shifts up to Saturday.

engineer_amy

Congratulations, I hope it all goes well for you and you enjoy the new job

wafmoo

engineer_amy wrote: »

Congratulations, I hope it all goes well for you and you enjoy the new job

Thanks Amy

Spoken to current employer, and said will work until Saturday. They were ok about it, so onwards and upwards!

sofiar

Fabulous news! I was going to add that with new employment there is always a 3 month initial period as the employer may not think the employee is suitable and the employee may think the job is not suitable, therefore free to go. Well done once again and good luck in your job :-)

Undervalued

sofiar wrote: »

Fabulous news! I was going to add that with new employment there is always a 3 month initial period as the employer may not think the employee is suitable and the employee may think the job is not suitable, therefore free to go. Well done once again and good luck in your job :-)

No, there is no such "always"!

During the first two years of employment you can be dismissed for any non discriminatory reason (or none at all). After one month, except in the case of gross misconduct, an employer is obliged to give one week's notice (or more if specified in the contract). After two years employment the notice increases by a week per year up to a maximum of twelve.

An employee (after the first month) only ever has to give a week's notice regardless of how long they have worked unless more is specified in the contract.

asajj

sofiar wrote: »

Fabulous news! I was going to add that with new employment there is always a 3 month initial period as the employer may not think the employee is suitable and the employee may think the job is not suitable, therefore free to go. Well done once again and good luck in your job :-)

Well my role definitely has 6 months so not always :-)