Resignation

[ozzywizard]

My contract that one months notice is required for termination of employment. I have given my employer one months notice in writing.

I have a new job but they want me to start next week... what consequences can be expected if I breeched this notice and left imedietly ? (3 weeks to go)

[poppynurse]

They could potentially withold 3 weeks money from your finally salary and argue that this is to cover the cost of filling your post...

[ozzywizard]

Thanks heaps Poppy, sorry to sound dumb but do you meen the 3 weeks that I am not going to work or 3 weeks that I have previously worked.

 

I would never expect to get paid for the 3 weeks that I did not work, but would be upset if they also took 3 weeks that I did work before I did resign.

 

I remember years ago (not with this company just in general) being told that if you quit without giving notice a company can keep your accrued holiday pay and your month in hand etc.

 

Next thing to think about is how to inform my employer, should I write to them officially in referance to my resignation letter stating that I can no longer work the notice.

[andie_303]

I hope i'm right but i think someone would correct me if I wasn't - I think the accrued holiday pay is a myth but obviously you wouldn't accrue any for the month's notice you do not complete.

 

Depending on how your relationship is with your manager perhaps speak with them and let them know the situation but have it in writing as well to give them when you have finished speaking to them.

You will find the majority of employers do not hold it against employees wanting to start their new jobs whilst still in notice period but I guess it depends what you do and if you're leaving them short.

 

Good luck in the new job

[ozzywizard]

Thanks Andie, I will not be leaving them short if anything doing them a favour as with the current climate they are struggling and redundancies have allready happened within the company due to losing a lot of contracts. But my manager is a real awkard bloke and I do not think he will do any favours hence why I am asking for my legal stance.

I was concidering going on sick fur the duration but this is an option I am not comfortable doing as I dont like to be disshonest so would just like to put a second letter together giving imediete notice, I dont mind not being paid for the 3 weeks I am not working but do not want monies held back for what I have allready worked and is owed.

[andie_303]

I don't think they can withold money that you have previously worked but again I stand to be corrected.

Luckily I used to work in professions when if you left to go to a competitor as soon as you gave your notice you were told not to work it but still got paid - last job was 3 months notice paid that I didn't have to work

[ozzywizard]

Hey that is exelent, I had hoped they would do this with me haha

[ozzywizard]

The employer I am curently employed for now does not give referances as a policy, is this usualll now with companies ? ashame really as I have never been in trouble and done really well at work. Also my new job said they will apply to my old job for a referance but I know they wont give any.

[havinastella]

Your previous employer is not legally obliged to give you a reference.

 

However, your new employer is entitled to ask your previous employer for a recommendation.

 

Is there anybody within your previous employers employment with a high enough standing that may be willing to give you a reference? (friend etc)

 

 

JOgs

[ozzywizard]

That is a great help thanks heaps

[elche]

Hi Ozzy

 

With any employment contract it is important to identify the date on which it was effectively terminated.

 

In your case that will be one week into your 4 week contractual notice period.

 

What are you due? - You are due all wages up till that date + accrued but untaken holiday pay. Obviously you have no entitlement to pay for the additional 3 weeks as you will not be working them.

 

What is your employer due? - You may have a clause in your employment contract which allows your employer to seek additional costs from you involved in covering your role for the 3 weeks you should have worked.

 

However, firstly not all contracts have such a clause, secondly, this is only the ADDITIONAL costs e.g. if you were paid £6 p.h. and agency staff cost £9 p.h. then they can seek recovery of the £3 extra, thirdly, you employer would have to pursue you through the small claims court for this money, and in reality most don't bother.

 

Good luck in the new job

 

Che

[ozzywizard]

That is great Elche, I have no such clause. I certainly would not expect to get paid the 3 weeks I do not work but I understand now that the old stories of you losing everything you have previously worked is a myth.

[ozzywizard]

Tried doing the right thing and asking first, this is an email I sent my manager.

 

I have an interview this afternoon, judging by the conversation I had with them on the phone I understand they may need me to start imedietly. If this is the case would it be possible to be removed from contract with imediete affect. Sorry to land you and the department in this position but I really do not want to let this oppertunity pass as I wish to move forward in my career.

Please let me know,

 

and reply was very short.

 

the answer would be no due to the business needs

 

So today I have left a signed letter stating that I am now resiging with imediete affect, it ias a very nice legnthy letter explaining my situation, I am due in work tomorrow but instead of me being there they will have this letter left on their desk. I bet I have not heard the last of this, tomorrow I am expecting calls or letters and certainly my wages to be blocked. but we will see and I will keep you all informed.

[andie_303]

Ozzy,

 

It is such a shame when companies can't see past the end of their nose for the greater good.

Perhaps forward a copy of your letter directly to HR department as well

[Mollyd4]

Tried doing the right thing and asking first, this is an email I sent my manager.

 

I have an interview this afternoon, judging by the conversation I had with them on the phone I understand they may need me to start imedietly. If this is the case would it be possible to be removed from contract with imediete affect. Sorry to land you and the department in this position but I really do not want to let this oppertunity pass as I wish to move forward in my career.

Please let me know,

 

and reply was very short.

 

the answer would be no due to the business needs

 

So today I have left a signed letter stating that I am now resiging with imediete affect, it ias a very nice legnthy letter explaining my situation, I am due in work tomorrow but instead of me being there they will have this letter left on their desk. I bet I have not heard the last of this, tomorrow I am expecting calls or letters and certainly my wages to be blocked. but we will see and I will keep you all informed.

 

Hi Ozzy, I dont think they could legally with hold your wages for hours you have already worked, basically because you have worked them and can obviously prove you have so they are legally obliged to pay you for your hours. I would think if anything they would have to try and claim back the 'inconvenience' money at a later date and it would probably be them that would have to go to court to do this which is highly unlikely given the fact that it is not going to be for that much, a small claims court would be expensive for them and if they are suffering under the current economic climate like most businesses then I would imagine they will have better things to think/spend their money on (or at least you would hope so, he sounds really petty your boss and hopefully he wont be able to decide if they are going to fight you). I think you have done the right thing taking a gamble and I would have done the same, looking forward to hearing the rest of your story x

[ozzywizard]

Thanks to you all for all the support and help, on another note my new job is fantastic, did my first day today and its looking good. its such a relief to be out of my current position, I could type loads that my ex manager has done but it would serve no purpose but he is a wrong one. I will keep you all informed ion 27th when wage due.

[patdavies]

Don't forget that you also need your P45 from your previous employer.

 

Otherwise your new employer will have to tax at BR until a correct tax code is received from the tax office

[Guest wino]

Good luck in the new job Ozzy