Leaving a new job and contracts

[delainey]

Two weeks ago, I started a new job. I have been very unhappy and the work conditions were not what I was led to believe. In fact, it so turned out that people join this office only to leave quite soon for so intolerable are the matters.

I would like to submit my resignation as soon as possible. Is this possible? Should I personally submit it or can it be done by postal mail? I'd appreciate your thoughts.

But please note the following:

- I haven’t yet signed the contract (dated the day on which I joined)

- The contract mentions that those in probationary period should give a notice of 1 month, but I want to leave immediately

- I had ordered supplies for my office, some of which were delivered and some won’t be.

Thankyou

[SarEl]

You cannot resign with immediate effect - not signing your contract is irrelevant, and you are, like the employer, bound by its terms. If you do so then there are risks involved. Whilst those risks are not commonplace - they happen often enough to be well worth noting. If you then take the risk - on your own head be it.

 

Those pesky contractual rights that employees like to talk about work both ways. If you resign then in law your employer can sue you for breach of contract. That must be for a loss that they can quantify, which isn't always easy to do - but it is also far from impossible. You could, therefore, end up being sued, and owing more to the employer than you ever earned plus their legal costs. This does not happen often - but it does happen and you have been told it does, so don't complain to me if it does! The problem with this one is that everybody assumes that they won't be the unlucky one, or the employer can't prove a loss, etc., etc., - if everybody was right there wouldn't be any such cases, and there are. So do remember that in the words of the Lottery "It might be you"!

 

Not getting paid any wages, accrued holiday and or expenses is more likely. Yes, this is also a breach of contract and you can sue them - but it is actually far more likley that the employer will then counter-sue for the above! This scennario is actually far more common and could possibly still end up with you owing them money! It's one of those "people in glass houses" situation - so whilst I would not tell you not to take legal action to recover anything owed to you, I would not neceaasrily recommend doing so for this reason.

 

My personal favourite - I have only come across this one once in reality - but the client also "thought it would never happen to him"... The employer finds out where you have moved to, and writes to the employer, threatening them with legal action for inducing you to breach of contract (this assumes that you are going to work somewhere else - but you'd be kind of daft to give up a job without one to go to, so I am assuming that is the case) - the new employer sacks you as a result and the old employer still sues you! So you end up unemployed, owing money, and with a CCJ.

 

I should also add that I don't understand the third point really - but if you have ordered supplies and these belong to your employer, if you keep any supplies you could be charged with theft - if you have ordered supplies which you have paid for and the company should reimburse, I would suggest you can go whistle for the money because I doubt you will ever see it.

[elpulpo]

If you've been provided with a written statement of the terms and conditions of employment, and haven't challenged with your employer as to the terms contained within it, then you are bound by the terms there in. Whether or not you've signed it is of no significance.

What exactly is making you so unhappy in the job, and what is so different about the work conditions from what you were led to believe?

What I'd suggest, if you're so deeply dissatified with your new appointment, is that you explain this to your employer and see if you can come to some agreement to terminate the relationship without serving the months notice. If they refuse, I think you're tied to serving the notice period.

[delainey]

Thanks SarEl for your thoughts and guidance.

 

The supplies which I ordered can be utilised by any successor.

 

I just want to leave this job (even though I have no waiting job offers since this new job was meant as a long-term step) and I do not plan on asking them for the wages. I also glean that it would be most wise to deal with this amicably.

[Surfer01]

Careful as all this stress may cause you to go off sick for an indefinite time. If this happens, hand in your notice immediately. If not, hand it in immediatley anyway.

[delainey]

Thanks to you also, Elpulpo- very much appreciate it.

 

After hassling them much, I had been shown the contract (with utmost reluctance) some months ago and had pointed out various points in the t&c in which I needed amendment. They promised to 'look into it', but never made any changes.

 

To answer your questions, there are just so many factors which is making this job intolerable and I desist from listing most. One example is that I was told that I would be provided with various mandatory tools and resources for this new job- and now they are refusing to provide any despite my persistent requests. I tend to survive in the toughest environment; this has exceeded the threshold point- and I am not the only one, considering that there has been a massive exodus in the past for the same reasons which I am now facing.

[delainey]

Careful as all this stress may cause you to go off sick for an indefinite time. If this happens, hand in your notice immediately. If not, hand it in immediatley anyway.

 

Indeed! I cannot deal with all this excess stress- I also have a very high bp.

[elpulpo]

Might be worth going to your GP and being signed off due to your BP, it's not worth risking your health over a job you have no care for and do not intend to pursue. Then approach your employer and say, 'look, I'm not coming back, so why don't we just draw a line under everything?'.

I'd ask for the wages, if I was you. You've done the work, and put up with a lot of crap in the process, by the sound of it.

[SarEl]

If you are determined, then I can't disagree with any of the other posters - but I definitely agree with you that amicably is the way to go if at all possible. The problem with telling people that something is a low risk is that you never know who is at low risk until the employer does it! Having met someone who has lost thousands of £'s in this "low risk process", I am always wary of simply telling people it is a low risk and err on the side of making it very clear. Perhaps a bit overly cautious - but better that than someone taking your advice and ending up on the other side of it!

[elpulpo]

Absolutely. I doubt many employers would be averse to coming to an agreement that an employee, particularly one with only a few weeks service, leave sooner than was contracted if they're evidently deeply unhappy with their new role.

[delainey]

Thanks once again, Elpulpo and SarEl.

There is one additional matter which still bothers me: As mentioned (and with some additional clarifications), the office had pestered me to provide them with a list of supplies to be bought before I joined work. Consequently, some turned up (the remainder won't since the office has no plans of ordering these). All of these can be used by my successor. But would this provide a ground for dissent by my employer?

[SarEl]

No - if they agreed that the supplies were needed then the responsibility for the order is theirs.

[delainey]

Thank you once again!

 

I am very grateful to you all for your guidance.

 

No - if they agreed that the supplies were needed then the responsibility for the order is theirs.