Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Leaving before notice period up.

    I'm currently working for an ass of a company for 2 years now.

    I've been made the figurehead or scapegoat for a piece of technology/product which is not working out. Despite spending lots of time advising them on how not to do things, they've ignored me from the the start and managed to shift the responsibility onto me. Not only that, they have put me through several "staff reviews" which is basically a beat-down session, have avoided my "official review" since December, have also completely changed my job description (increased responsibility) yet the contract has not been adjusted and no pay rise has been included.

    Also, I have been sick a couple of times (spanning approximately 2 weeks each time) and broken my ankle and they've recorded that as holidayicon and taken it off my holiday allowance, even though I would like it recorded correctly and paid appropriately for it.

    All of this is documented. As you can imagine, I've had enough. Other staff are sympathetic and suffer from the same issues. Some people have even been threatened with redundancyicon for mentioning anything to management.

    It is starting to cause my health to deteriorate.

    I've had a perfect track record over the last 10 years and excellent references from all companies. I am however worried that I won't get one from here and the result of that would be bad at the moment.

    They imposed a condition of employment that my notice period was to be set at 6 months. Due to the nature of the industry I work in, if I have to give 6 months notice, I will not get another job.

    Is it reasonable to give them 2 months notice and walk based on the above?

    I know that a contract is only enforceable in court but I cannot afford to defend myself if it came to that, yet I cannot afford to stay here any longer.

    Please let me know if there is anything else I can do.


  2. #2
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    old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative

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    Default Re: Leaving before notice period up.

    Bump

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: Leaving before notice period up.

    If an employee leaves a job without giving the correct contractual notice then an employer may be entitled to seek damages due to your BOC.

    As per ordinary contractual principles that would represent only the extra costs incurred subject to the duty to mitigate, and would depend on a term being present in the contract permitting such.

    Firstly if the employer had no such term in the contract, then they may be prohibited from seeking any recovery.

    Secondly, even if such a term exists or recovery is permitted, then they would only be entitled to the difference in salary e.g. they paid you £10 ph, and an agency worker costs £15 ph then they could attempt to recover the difference i.e. £5 ph; remembering of course that the longer this went on then the more likely it would be denied because after a certain time , they would be expected to have recruited a permanent replacement.

    Finally, in my experience most companies never bother even commencing action for such losses.

    Che

    ......................... ......................... ....................
    Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.

    I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE