Handing in a notice with immediate effect?

throwawaylady123

Hey everybody!

I'm after a little bit of advice, really. I started a new job in retail two weeks ago and was hired as an assistant manager of a shoe shop. The shop was doing poorly before I was hired, with it not meeting targets and having a few staffing issues, but the area manager who interviewed me kind of beat around the bush with that and didn't go into too much detail. The shop is in an awful location in general, so the footfall isn't great and I can totally see why it's bombing.

However, like I said I was hired as Assistant. The issue is that we currently don't have a normal manager, so I'm acting shop manager and doing the work of both ASM and GM and only getting paid for the prior. I also found out that the previous assistant manager was fired because they blamed the shop's poor performance on her, but I can see that it's just the shops location and the impossibly high targets they've set on it. You just can't reach them despite best efforts and it's exhausting to have that pressure put on me. So basically, I hate it.

I've been there for two weeks and haven't signed a contract or even so much as seen one. I've been offered the chance to go back to my last job, which I would love to do. I'm not working tomorrow, so could I email my area manager tonight and say I won't be returning and to find cover for me? I don't want to leave them in the !!!! with no manager to open and close the store, but this isn't what I signed up for. Could he legally do anything about that if there's no contract binding it?

Many thanks!

pjcox2005

Ignoring for now whether it's a good idea to go back to an old job which you presumably left for a reason, then surely the old company can wait while you do a proper notice period.


It doesn't have to be long, but a bit of personal responsibility says you discuss your reasons for no longer wanting the job with the new company and offer to work a fortnight or so before leaving rather than walking out?


If you don't intend to stay there then that presumably removes most of the stress on targets etc to make it manageable for a short period rather than not going back at all.


I'll let others confirm legality, but I presume you effectively have an implied contract and one weeks notice (?) which they could try to enforce but it's unlikely to go anywhere so no impact to you.

Comms69

Yes he could sue you, and unfortunately in this case it seems if you don't turn up the business doesn't trade for the day.


Just give one week's notice

Takeaway_Addict

Comms69 wrote: »

Yes he could sue you, and unfortunately in this case it seems if you don't turn up the business doesn't trade for the day.


Just give one week's notice

They'd lose if they did.

The OP has not signed a written contract so statutory terms would most likely apply (providing they've not been given them beforehand) and as she has not worked there for one month there is no notice period.

However, legally and morally these are two different things.

getmore4less

get the area manager in and tell them what you think,

An indication that the targets are not realistic so forget you even trying to reach them, adding that you were only employed as an assistant and duped into this role as there is no manager in place......

may achieve your desired goal to leave early.


(note for future : do much more due diligence when applying for jobs)

steampowered

As others have advised, the general legal requirement to give one week's notice only kicks in after a month's service (unless you have a contract with a notice period in it).

As such I don't see any legal reason why you can't give notice with immediate effect.

Personally I would try to give a week's notice to give them time to sort someone else, but that's just me.

Have you found another job yet? Up to you whether you want to find another job before you leave.

TBagpuss

As others have said, you can leace with no notice. However, if you can, give a week's notice. It makes you look more professional.

Or if your old job wants you back faster, then at least give them a couple of days so that they can arrange cover (even if that means the manager coming in)

Comms69

Takeaway_Addict wrote: »

They'd lose if they did.

The OP has not signed a written contract so statutory terms would most likely apply (providing they've not been given them beforehand) and as she has not worked there for one month there is no notice period.

However, legally and morally these are two different things.

As has been said before though, terms and conditions are not limited to contracts, there could be policies in place etc.


I'm not saying they would sue, or even win, but surely the sensible thing to do is find out before doing something drastic.

[Deleted User]

throwawaylady123 wrote: »

I've been offered the chance to go back to my last job, which I would love to do.

Go for it, everyone loves a happy ending, how can they deny that.

Left a job 3 weeks in, went to see boss face 2 face to tell them best I didn't continue, they were absolutely fine and made a point of saying thanks for not doing this by text or email, done right by me in terms of wages being paid. Allowed me to leave same day.

I ended up pretty gutted for them having just seen the job re-advertised twice since I was in it.

Takeaway_Addict

Comms69 wrote: »

As has been said before though, terms and conditions are not limited to contracts, there could be policies in place etc.


I'm not saying they would sue, or even win, but surely the sensible thing to do is find out before doing something drastic.

Policies are only valid if you are aware of them.

Comms69

Takeaway_Addict wrote: »

Policies are only valid if you are aware of them.

That's not true. Policies are valid if you're given access to them.