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Duped into a job that never existed

2

Comments

  • ACG
    ACG Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You wont need to give 3 months notice. I am sure there is a law/rule somewhere that says contracts have to be fair. 
    Them being able to give you 1 weeks notice but you having to give 3 months would not be seen as fair. 

    I would just look for a new job, if the company is as bad as you make it sound I doubt they will be in business long enough to see it through to court anyway. 
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • NCC1701-A
    NCC1701-A Posts: 448 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 26 May 2022 at 4:48PM
    ACG said:
    You wont need to give 3 months notice. I am sure there is a law/rule somewhere that says contracts have to be fair. 
    Them being able to give you 1 weeks notice but you having to give 3 months would not be seen as fair. 

    I would just look for a new job, if the company is as bad as you make it sound I doubt they will be in business long enough to see it through to court anyway. 
    Unfortunately there isn't.  Without seeing the contract and whether it has golden handcuffs or other terms, unsubstantiated opinions are not helpful.

    I'm sure Jillandy would be able to quote the relevant legislation but somebody decided they didn't like her advice.  The forum is so much poorer for those in need as a result.
  • Undervalued
    Undervalued Posts: 9,786 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ACG said:
    You wont need to give 3 months notice. I am sure there is a law/rule somewhere that says contracts have to be fair. 
    Them being able to give you 1 weeks notice but you having to give 3 months would not be seen as fair

    I would just look for a new job, if the company is as bad as you make it sound I doubt they will be in business long enough to see it through to court anyway. 
    Why not?

    The OP willingly agreed to it when they took the job! The time to object was then, not now it is inconvenient

    Whether the company would actually seek to enforce it is another matter, it is not that common but does sometimes happen. They would need to demonstrate a quantifiable financial loss, despite having taken reasonable steps to minimise their losses. 

    They could of course mention any failure to work the agreed notice in any reference, or refuse to provide one at all.


  • Sponz said:
    I won't be able to secure a rental if I have no employment. 
    Some Estate Agents/Landlords are happy to accept 6 months' rent in advance if you explain the situation - assuming you have the funds.
  • Undervalued
    Undervalued Posts: 9,786 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    robatwork said:
    NCC1701-A said:
    ACG said:
    You wont need to give 3 months notice. I am sure there is a law/rule somewhere that says contracts have to be fair. 
    Them being able to give you 1 weeks notice but you having to give 3 months would not be seen as fair. 

    I would just look for a new job, if the company is as bad as you make it sound I doubt they will be in business long enough to see it through to court anyway. 
    Unfortunately there isn't.  Without seeing the contract and whether it has golden handcuffs or other terms, unsubstantiated opinions are not helpful.

    I'm sure Jillandy would be able to quote the relevant legislation but somebody decided they didn't like her advice.  The forum is so much poorer for those in need as a result.
    FF-S it seems anyone with a robust manner on this forum gets booted after a while. So that's Jillyandy and some previous forum experts that any long term reader here will know who offered genuine knowledgeable help gawn.

    Forum a poorer place due to those decisions.
    I totally agree and I assume that must be what has happened. I don't know what the "offending" post said but I would be very surprised if it was in any way inaccurate. Equally I don't know who complained but I could make a short list of likely suspects and would be amazed if they weren't on it.

    As you say this has happened several times in the past. A number of excellent people have devoted lots of time to providing concise and most importantly accurate responses to employment relate queries. Yes, sometimes they could be a little blunt but that is a hundred times better than dispensing "tea and sympathy" along with raising false hopes with wildly inaccurate advice.

    There have been suggestions, which on the whole I don't agree with, that some of them are reincarnations with a new user name. Frankly I think that is more likely with the self styled forum police and I do genuinely wonder if one or more of them gets off on leading people up the garden path.

    A sad state of affairs!


  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    ACG said:
    You wont need to give 3 months notice. I am sure there is a law/rule somewhere that says contracts have to be fair. 
    Them being able to give you 1 weeks notice but you having to give 3 months would not be seen as fair. 

    I would just look for a new job, if the company is as bad as you make it sound I doubt they will be in business long enough to see it through to court anyway. 
    So if I sign a contract with someone in which one of the stipulations  is he gives me a car, I have to give him a car as well or it's unfair?

    Of course not,  I can give him money instead.  Or an elephant.   Just as an employment contract can say you have to give us 3 months notice but  we only have to give you one week as a part of the whole package of terms and conditions, mainly including you giving them x hours of work and them giving you y amount of money.  
  • Slinky
    Slinky Posts: 11,273 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you were to find a new job, how likely is it that your employer would hold you to 3 months notice given you say you're doing not much and there's a chance you will be out the door next year anyway?  Find another job and see what you can negotiate at that point.
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  • Ath_Wat said:
    ACG said:
    You wont need to give 3 months notice. I am sure there is a law/rule somewhere that says contracts have to be fair. 
    Them being able to give you 1 weeks notice but you having to give 3 months would not be seen as fair. 

    I would just look for a new job, if the company is as bad as you make it sound I doubt they will be in business long enough to see it through to court anyway. 
    So if I sign a contract with someone in which one of the stipulations  is he gives me a car, I have to give him a car as well or it's unfair?

    Of course not,  I can give him money instead.  Or an elephant.   Just as an employment contract can say you have to give us 3 months notice but  we only have to give you one week as a part of the whole package of terms and conditions, mainly including you giving them x hours of work and them giving you y amount of money.  
    There’s the Unfair Contracts Term Act 1977 which would cover the ‘car situation’ you mention above.
  • SChitmehard
    SChitmehard Posts: 122 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 7 June 2022 at 6:49PM
    NCC1701-A said:
    ACG said:
    You wont need to give 3 months notice. I am sure there is a law/rule somewhere that says contracts have to be fair. 
    Them being able to give you 1 weeks notice but you having to give 3 months would not be seen as fair. 

    I would just look for a new job, if the company is as bad as you make it sound I doubt they will be in business long enough to see it through to court anyway. 
    Unfortunately there isn't.  Without seeing the contract and whether it has golden handcuffs or other terms, unsubstantiated opinions are not helpful.

    I'm sure Jillandy would be able to quote the relevant legislation but somebody decided they didn't like her advice.  The forum is so much poorer for those in need as a result.
    Jillanddy's previous advice to a poster (the fire alarm guy who didn't evacuate and stayed behind a bit)  was admit everything, plead for forgiveness and get fired. When I pulled her up on it that that advice is not helpful, she said she is not trying to help the OP. What??? Later she deleted those replies! I thought that's what people came on here for and that's what forum members are meant to do. If I had followed her advice I would now be 12k poorer and my employer would have got away with terminating my job after lying to me about it. Instead I gave them a bust lip and received around £12k compensation and a reference. 

    I too was duped into a job and left a long term job I'd been doing for over a decade for this new job, only to be falsely accused when I told the manager that I had been misled into taking the job and fired. 

    Unfortunately you have very few rights in employment and employers take advantage of this and ruin many careers knowing they will never be held to account. If you have any dirt on them then you may be able to negotiate something to your benefit.

    Here is the thread mentioned https://forums.moneysavingexpert.com/discussion/6352712/disciplinary-hearing/p1
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