Boss taking the p*** deductions for quitting

getmore4less

Why did you agree to that contract?
Did some other aspect of the job change?

You also maintain continuity of service on takeovers so what does the notice part of the contract say?

Pendrix

I didn't think I had a choice about the contract. I was led to believe everything would stay the same but I don't like the way the new managers run things. I'll dig out the rest of the contract and post the notice part. Thanks

getmore4less

OK another key will be what does the probation clause say.

At the time you should(I know hindsight is wonderful) have insisted that you are considered probation completed.

It may be the wording makes that the case anyway as you will have continuity of employment.

jobbingmusician

Sounds to me like a transparent attempt to avoid TUPE. What does your contract say about start date and continuity of employment?

Pendrix

There is nothing in the contract about giving notice. It's only mentioned in the probationary period paragraph which I posted.

This: "Your employment may be terminated by you or the company on one weeks notice in writing at any time during or at the end of this period [probationary period]. At the company's discretion this probationary period can be extended for up to a further six months. During this probationary period your performance and suitability for continued employment will be monitored. At the end of the probationary period you wll be informed in writing if you have successfully completed your probationary period. Should you fail to pass or complete the probationary period, the company reserves the right to deduct from your pay the sum of £80 for administration and training provided in accordance with your contract of employment. This is an express written term for the purposes of Section 13 of the employment act 1996"

That's the full paragraph.

Pendrix

getmore4less wrote: »

OK another key will be what does the probation clause say.

At the time you should(I know hindsight is wonderful) have insisted that you are considered probation completed.

It may be the wording makes that the case anyway as you will have continuity of employment.

Ah this may be it. There is a part that says: "your employment with the previous company which commenced in June 2007 counts towards your period of continuous employment with this company. "

Sounds like I'm not under probationary period then. I was told I was, however., by one of the managers.

Pendrix

Thanks for all your help guys, tipped off by your post "getmore4less", I called the Big Boss and found out I'm not on a probationary period, so it's all good. I can hand in my notice.

Thanks for the posts. It helped..

pathtofreedom

It might depend how much you earn as well, if you're earning above minimum wage, and the £80 doesn't reduce your salary that week or month so much your hours over that time are below minimum wage, then I think they can do it as you signed the contract.

If it does take you below minimum wage though that might be a different angle to look at this with. Might be worth a chat with acas or citizens advice?

pathtofreedom

Oh also have you accured any holiday time yet that you haven't taken, as that might help balance it out.

Pendrix

Yes, turns out it's not as straight forward as I thought. Apparently I'm in continuous employment from last job which transferred so now boss is claiming my probationary period ended with last employment and therefore under their contract I need to give full four weeks notice and they are going to force me to take holiday pay etc and deductions etc. Basically, I'll be working for next to nothing the next four weeks as punishment for quitting a job I now hate because the new managers are so horrible.