do i have to work my 1 month notice please help

[midebt]

hi

 

i have worked for this job for 4 years

i have a contract wth 0 ( zero ) hours - so the weekly rota can be 28 / 30/34 hrs as and when over a fixed 4 days .( in the contract it states neither a zero hrs or any given hrs )

 

i want to leave

i have signed my contract which states to give the 1 month notice - what could happen if i dont give 1 month -

 

thanks

[steampowered]

Are you under an obligation to accept the hours offered, or does the contract say its your choice?

 

The worst that could happen is that they sue you for breach of contract, if leaving early meant that they have suffered a financial (e.g. the difference between your wages and the cost of a temporary agency worker to cover you). This is usually very unlikely, both because the amount will be small and not worth litigating over and also because it is very difficult for most employers to prove quantifiable financial loss.

 

The other thing to consider is that if you upset them by leaving early they could refuse to give a reference.

[midebt]

quote /Are you under an obligation to accept the hours offered, or does the contract say its your choice? = it states neither - they have always give me appx 30 hrs ...sometimes ive done 40 for them ...becsuse they know am leaving they are tring to issue me with disaplinary this friday ...i have yet to put my notice in .

 

contracts were changed from a weeks notice to a month in 2011 - we signed and never got a copy of that what we signed ...they say they gave us a copy and did not .....now they say thjey cannot give us a copy as it breaks data protection....

[steampowered]

wow they can't give you a copy of your own contract because it breaks data protection? I've seen some pretty awful examples of people refusing to hand things over with a ridiculous data protection reference but this takes the biscuit. To the contrary you could probably use data protection to force them to provide you with a copy of the contract through a DSAR but given the time it takes its not worth going there just now.

 

A contract stating approx. 30 hours is not a zero hour contract as they couldn't just give you 0 hours.

 

I'm not sure what the point of the disciplinary is. If its unjustified it makes them sound like jokers. In your position I'd get the notice in ASAP. To be honest if its not the kind of job where they would suffer provable financial loss due to you leaving, and I had another job offer ready to start immediately, I'd be tempted to bugger off (although there is a risk and its a very bad idea if you need a reference from them). The alternative is to turn up to work but just take it easy for a month.

[midebt]

there is no contracted hrs on the contract .....ever....its just that they have obliged in giving me 30+ hrs over the 4 yrs - at times i have had less depending on client etc (mobile care ) ..... so loss of client etc / = loss of hrs

 

 

... in my contract it still states that i do a weeks notice ...i was never given a copy of the new/updated one ( one A4 ) i signed but they said they did give me a copy - now they wont give me a copy due to data ha ha

[steampowered]

In an industry like care you might need to be a bit careful. That is the kind of business where there could be a provable financial loss, if they have to hire an agency worker to cover your shifts during the notice period. In this case you could be liable for the difference between what the company would have paid you and what they had to pay to get an agency worker.

 

I'm not sure what to say about their refusal to give you the contract. The most aggressive approach would be to threaten Employment Tribunal action under s4 and 11 Employment Rights Act 1996 (http://www.legislation.gov.uk/ukpga/1996/18/section/4 and http://www.legislation.gov.uk/ukpga/1996/18/section/11) but I don't think this gets you anywhere.

 

If you know for a fact that you signed a contract with one month's notice, as a carer its probably better to work the month. Its not too long ... my notice period is 3months!

[topcat1802]

If you are on a 0 hours contract, just work your required hours for the coming month i.e. 0 hours!

[midebt]

In an industry like care you might need to be a bit careful. That is the kind of business where there could be a provable financial loss, if they have to hire an agency worker to cover your shifts during the notice period. In this case you could be liable for the difference between what the company would have paid you and what they had to pay to get an agency worker.

 

I'm not sure what to say about their refusal to give you the contract. The most aggressive approach would be to threaten Employment Tribunal action under s4 and 11 Employment Rights Act 1996 (http://www.legislation.gov.uk/ukpga/1996/18/section/4 and http://www.legislation.gov.uk/ukpga/1996/18/section/11) but I don't think this gets you anywhere.

 

If you know for a fact that you signed a contract with one month's notice, as a carer its probably better to work the month. Its not too long ... my notice period is 3months!

 

 

 

thanks for this ...they will not for sure do ageancy staff ..they have 16 other staff to do the cover - another carer walked out this week ..... i have decided to go in tomorrow and hand my resignation in ......thanks for replys

[Purpleflowers 2]

If you are agency you are not under any obligation despite what the agency tell you to give them 1 weeks notice. They never give you 1 weeks notice when your job ends.

 

Your not legally obliged to give "1 week notice" and in some cases you could be offered a job that starts middle of the week, how do they expect you to give the "1 week notice".

 

You can leave when you like