How do I hand in notice and can they take me to court?

nemq

So I have found a full time job which is not due to start until a few weeks but I am currently working less than 10 hours for another job through an agency. Now this agency are not based locally so my communication with them is via phone and email. I have never handed in a notice so I decided to email them my notice. I think I have to give 4 weeks notice but I can't as in the final 4th week I will start my new job so I am going to say that I'm ill (to my old job) is this ok? I guess what I'm trying to ask is whether it's ok to not work your final notice week. Can they take me to court? I've only been working for them for about 2 months. They never even bothered to send me equipment I needed for my job which I can't even be bothered to ask for anymore. Thanks.

agrinnall

Of course it's not OK, would you think it's OK for people to lie to you? Whether anything will happen about it is another matter, given it's only 10 hours a week and you've only done it for 2 months the chances are that they'll just let it go, although if you need a reference from them you can kiss that goodbye.

ScorpiondeRooftrouser

Yes, they can take you to court.

Are they likely to? No, they would have to prove that your actions caused them a loss and it is very unlikely to be worth their while.

What you should do is delay your start at the new job by a week. Employers are aware that people have to give notice and accommodate this.

If you cannot do this then you need to call the current job and tell them
you can only give three weeks notice. They may be OK with this. They may sack you immediately, which would solve your problem.

prowla

Given that they've failed to provide you with the equipment you need to do the job, I think you're being more than fair in giving them 3 weeks.

Stylehutz

Yes they will really want to take you to court for failing to work for the final week of your notice. They wouldnt be concerned one Bit about bad publicity for their agency or the cost in money to begin Legal proceedings against you;)

nemq

Oh ok I forgot to mention when I looked at some information they emailed it doesn't specifically say I need to give 4 weeks notice...it says I need to give 4 weeks notice for holidays. They didn't send me a contract which they said they would by post.

getmore4less

what makes you think you need to give 4 weeks?

have you been told or have anything in writing

statutory is 1 week?

ScorpiondeRooftrouser

nemq wrote: »

Oh ok I forgot to mention when I looked at some information they emailed it doesn't specifically say I need to give 4 weeks notice...it says I need to give 4 weeks notice for holidays. They didn't send me a contract which they said they would by post.

Then you need to give one week notice. Give it, and move on.

TBagpuss

If you don't have a contract which says differently then the Statutory notice period would apply, which would be 1 week.

In terms of how you do it, you can e-mail them (use 'read receipt' so you know they've received it)

Just say something such as
"I am giving notice that i will be leaving,my last working day will be xx"

they can also end your employment on one week's notice (if there is not contract specifying a longer period) so they could give you counter notice so your job ended after one week not three.

If they respond to your e-mail by saying that you need to give 4 weeks notice then it would be reasonable for you to point out that they have never given you a contract or written particulars of employment and that the statutory period applies.

Stylehutz

This is another reason, why agencies pee me off. They expect notice, yet most of them can give you 5 minutes notice by ringing you up late on Friday afternoon to say your services will no longer be required.:mad: Just dont worry OP make sure you start your new job one way or another.

Sncjw

Could you not go to the agency given you only work ten hours