Help me quickly! please!

cazziebo

fengirl wrote: »

Although employment law states you only have to give a week if you have been employed for less than a year, this is over-ruled by your contract (which can be verbal).

I've been out of this for a while but my belief was that the employer is bound contractually but not the employee if the situation is to the employee's detriment ie the employer can't change the notice period downwards, although the employee can stick to the legal? I was told this when I sought advice on being held to a three month notice period. However, decided to see it out as I didn't want to spoil a good relationship and risk a good reference.

In other words contractual adds to statutory rights but can't detract from them.

Starlett

Give one week statutory notice!! It's straight forward!!

At the end of the day remember that employers CANNOT legally give you a 'bad' reference.

Notice periods are primarily there to protect the employee from employers giving no notice to people. The company doesn't lose anything if the employee just leaves (with some exceptions at executive level or those with very specialist technical knowledge), therefore, there is NOTHING that the company can do to you if you give no notice at all... except maybe have the hump!!

I work in HR and I honestly think that unless there are other circumstances that you've not mentioned... give 1 week notice, in writing.

Good luck!

Starlett x

cazziebo

Starlett wrote: »

Give one week statutory notice!! It's straight forward!!

At the end of the day remember that employers CANNOT legally give you a 'bad' reference.

This myth has to stop! Employers have to give a true and honest reference whether it is good, bad or indifferent.

I give "bad" references and I receive "bad" references. If there has been an attendance/discipline/honesty/performance issue then I will state that and I am prepared to justify that if asked. If I am asked the question "Would you re-employ" I will answer that honestly.

I have been a manager both in HR and in other functions for more that 20 years. I'm now a board director, and have non-exec positions with some other companies. Doesn't mean I get everything right, but doesn't mean I won't tell the truth when asked. As long as it's factual then I will give a true and honest reference.

If someone was to leave my business in the lurch by not giving adequate notice then I may include that on the reference. If the reference was a tick box type with a reliability category then I couldn't tick Highly satisfactory.

Starlett

cazziebo wrote: »

This myth has to stop! Employers have to give a true and honest reference whether it is good, bad or indifferent.

I give "bad" references and I receive "bad" references. If there has been an attendance/discipline/honesty/performance issue then I will state that and I am prepared to justify that if asked. If I am asked the question "Would you re-employ" I will answer that honestly.

I have been a manager both in HR and in other functions for more that 20 years. I'm now a board director, and have non-exec positions with some other companies. Doesn't mean I get everything right, but doesn't mean I won't tell the truth when asked. As long as it's factual then I will give a true and honest reference.

If someone was to leave my business in the lurch by not giving adequate notice then I may include that on the reference. If the reference was a tick box type with a reliability category then I couldn't tick Highly satisfactory.

An unjustified 'bad' reference IS illegal.

Attendance records are factual (assuming that you have maintained accurate records), disciplinary records are factual (providing you don't breach the DPA & you have accurate records)

Prove honesty??? How do you know, for a fact, if someone is honest!! You put in a reference that someone is dishonest... it is liable!!

Be very careful!! I've sadly had to head to Tribunal over this very issue!!! (settled outside)

...and 'not giving adequate notice' - I propose that everyone should give at least the statutory minimum, which in this case appears to be one week. If the company considers that to be inadequate... tough!

Starlett x

ohreally

Starlett wrote: »

An unjustified 'bad' reference IS illegal.


I've sadly had to head to Tribunal over this very issue!!! (settled outside)

Is the implication that you gave a "bad" reference and the person subsequently made a complaint to an ET?

LittleVoice

Starlett wrote: »

An unjustified 'bad' reference IS illegal.

What you originally wrote was

Starlett wrote: »

At the end of the day remember that employers CANNOT legally give you a 'bad' reference.

Rather than write of a 'bad' reference we should perhaps refer to 'false' references instead.

ceridwen

I would explain the situation to your prospective employer and ascertain that they werent going to be bothered by whatever happens reference-wise. Then leave the temporary job - however fast you need to. Sounds like your current employer is trying to have it both ways - only have you for exactly how long they require you - but you are not able to do the same back in reverse. Thats hardly fair doings!

I would definitely feel that if my latest 3 month contract was up, it was up. End of story. I go tomorrow if I think I will.

Dont lose out on a permanent job because of an employer who wants it all ways.

Or you could turn round to current employer and say that if they wish to reserve the right to get you to do a months notice, then you need to know that its a proper permanent job (not a 3 month contract set-up) - and, unless they are willing to give you a letter/contract stating its a permanent job then they cant expect the type of notice that a permanent employer would receive (you might be able to find a way to put that tactfully - I couldnt - as I'm not good at tact - so I would just have to take option 1 of leaving immediately for the new job).

Starlett

LittleVoice wrote: »

What you originally wrote was



Rather than write of a 'bad' reference we should perhaps refer to 'false' references instead.

Point accepted - maybe the terminology that I used was ambiguous!

I do stand by my statement though!

Starlett x

Starlett

ohreally wrote: »

Is the implication that you gave a "bad" reference and the person subsequently made a complaint to an ET?

Yes.

A manager of mine (at the last place I worked) wrote to a prospective employer that X was a lazy and dishonest, subsequently they didn't get a job that they were well qualified for and capable of. Under the DPA requested interview data... the rest as they say is history!

Incidentally, X did go on to get that job, and get £1000 from my old company too!!

Starlett x

tawecdl

Thanks for your help.

I'm now in a situation.

The position I've applied for Is waiting for me until 21st April. That's 2 weeks. I spole to my boss and he said that I need to give a minimum of 1 month notice. I need to take this new job but I really don't want a bad reference.

What I could do with is a print-out from somewhere stating my rights to give statuary 1 week notice. I then tell my current employer i'll meet half way and give 2 weeks notice.

The link above didn't clarify my situation enough for me to be confident with it in discussion with my current employer.