Notice Period in work

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barc

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Just wondering can anybody help me with this query. I have been in my current position for less than six months. My boss has always made it clear that i am on probation until the six months are up. Anyway, have been very unhappy since I started and have managed to get a new job. Will it be ok to only give one weeks notice? I get paid monthly. Also i will never need them to give me a reference. I would just like to get out of here as fast as possible. It has not been a very pleasant experience for me.

Thanks
 
What does it say in your employment contract - If you don't have a contract then your boss is in breach of employment law ( Must get one within 28 days of starting )

If this is the case then you can leave with one week notice or less if you like.

Prob best to try and leave things amicably if possible so that you get your salary, P45 etc without any hardship.

My understanding is that you can leave with one week notice - your payment frequency is irrelevant.

Good luck with new job

;)
 
I did not get a contract as such just a letter stating that they had made me an offer, that they would pay my pension and insurance and a start date. It was nothing like a contract that I have received in previous positions. It is a small company with only 5 employees would he still have to produce the same type of contract as the bigger companies. Also just to let you know they never paid my pension or health insurance but I never pushed it as I knew I wanted to get out asap.

So my understanding is that it will be possible to leave as i did not receive a formal contract.
 
Thats such a relief. Thanks.

Have the feeling he will throw me out anyway as he will be so insulted that I do not want to work for his company. He is not a very reasonable man. If he throws me out will he have to pay me for the rest of the week.
 
My friend is in a very similar position and has asked if I can help her find out where she stands. Maybe someone can help clarify her options.

She is also very unhappy in her job and wants to leave as soon as possible. She has worked there for only 4 months and has a 6 month probation period as specified in her contract. The contract says that the normal notice period required from the both employee and employer is 1 month. It also says in the Probation section that before the probation period is up that the employer can terminate the employment with only one weeks notice. It does not make any mention of how much notice the employee is required to give during the probation period.

This being the case she thought that if the employer is only required to give one weeks notice during this period, then it should be the same for her. Anyway she told them she was quitting and gave two weeks notice thinking she was being sound, not wanting to leave them in the lurch. They later came back to her and said that the minimum notice required is one month and she will be required to work that.

Can anyone tell me is what they are doing legal, and if she has any options. Like badge55 said, she would like to keep things amicable and possibly get a reference from the employer.

Sorry if i'm hijacking someone elses thread. I can repost to a new thread if required.
 
Dannym

I believe she can leave with one week notice. Employers always tip contracts in their favour. I do it mysely. However I would not want someone here if they really wanted to leave.

Best if she tells them that she is sorry to leave on short notice but that she will not get the job she has been offered if she does not start on say Tuesday week. Give some personal reason for changing job like - nearer to sick mother - etc. Most employers will be reasonable if they see a little bit of give and take.

As stated above best to try and keep it as friendly as possible.

She does not like the job, but the employer may feel that he / she has treated her well and may feel hard done by if she leaves them in the lurch. They might be tempted to lose last cheque or P45 in post a few times if you know what I mean.
 
Thanks for the advise badge55. So are the employers allowed to tip contracts in their favour like that, ie. only give one weeks notice themselves during the probation period, but require the employee to give one month.
 
Dannym

I just checked the ISME handbook and it states that the minimum is one week but that if the contract states a longer period then the contract applies.

Sorry should have checked this earlier instead of winging it.

However I still don,t see how they can force your friend to stay if she wants to go. Technically I suppose they could sue for breach of contract but this seems very unlikely to be. Now getting into an area which I know little about.

I know if I were the boss I certainly would not sue anyone for leaving a little suddenly. I would only try to get them to stay a little longer til I arranged cover.

At the risk of repeating myself - best approach is prob some kind of sob story and try to agree an exit in 2-3 weeks on good terms with good reference.
 
Oh and yes you can pretty much put what you like in a contract - enforcement is a whole other issue

All contracts can be challenged but at what cost
 
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