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    • Hi Schipoo and thank you for the update.   Excellent news for you and a huge relief, I imagine. You might like to start a new thread about Independent Tax if you want advice on that problem. HB
    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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Giving More Than Required Notice?


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Heres one for you.

 

Am i able to give more than the required length of notice to inform a company I am leaving them?

 

IE 2 weeks instead of 1?

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Yes I suppose when you look at it that way its fair enough.

its a long drawn out story but maybe it might help if i tell?

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So, I started at a company back in May of this year. I was the first person in the company at a basic level to have a 6 month probation. Now as time has gone on the company has failed to train me to do my job properly.

i have bent over backwards to make sure that had enough staff when they needed people, but it doesnt seem to be for anything.

 

They basically extended my probation by 2 months because of 2 reasons...

 

1. Apparently I'm too negative.

2. Quality & Product Knowledge

 

Now I'm extremely technical and know the systems etc back to front. I dont feel they had a right to extend my probation... Sorry more that they didn't have grounds too based upon the evidence they supplied. And it wasnt that im doing a bad job, they just expect too much of people with the current staff load.

So i ended up going for an interview with another company and ended up getting the job. My planned start date is the 5th Dec, but i want to leave the company on good terms and i feel giving them 2 weeks is sufficient for them to find the required cover for the night shift im due to do that week.

 

I dont want them to mess me about with notice etc and pay. Consequently i have set my final day as the next payday so technically I wont owe anything inclusive of leave.

I just wondered if they may attempt to push me earlier when I dont particularly want to go until 2nd Dec

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Not just yet HB... Id have to give it by 25th of Nov to leave on the 2nd Dec... I just want to give it now so its less stress knowing its done.

Plus they have a habit of messing up peoples pay so I want to make sure I get paid correctly.

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You can't really say what their position will be unless and until you discuss it with them. The legal position is that the employer can hold you to your contractual (or statutory, whichever is relevant) notice period - so if the requirement is for one week's notice then this is all they can be held to.

 

You could therefore give two weeks notice only to be told that they will accept only one week and you are then in the position that you don't want to be - ie leaving a week early. If they have already extended your probation, would this make it more likely that they will 'let you go' earlier? Difficult to judge

 

As notice of termination should normally be given in writing you could possibly have a chat with personnel? Or a suitably approachable manager to test the water? But then again with only a few months' service would this lead the employer to 'let you go' now and just pay a week's notice?

 

Impossible to say for certain, so I would probably leave it as long as possible and then just give a week

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Thanks SW - Thats my concern. Its been nearly 8 months of me being there. Its affected my wellbeing to the point of where im unhappy for my 4 days off knowing I have to go back and deal with the rubbish they keep throwing at me and the department.

Heres the thing, I think they will hold me to the notice... They are so short staffed that me leaving will screw them over on night shifts.

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Guest topcat14

Assuming you are contracted to only give one week of notice (statutory minimum anyway) there should not be an issue surely.

 

You are not breaking the mutual trust test ...in fact you are being more than accommodating.

 

However they could just decide to give you a weeks notice from the time of your earlier consultation with HR ? and they would not be unreasonable in doing so from a business perspective, but that does not affect your rights.

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You can informally tell your manager that you will be leaving in 2 weeks, and inform him that you will be giving your notice in a week's time, so that he can plan for it.

 

Then you don't give your formal notice until 1 week before you intend to leave. But at least they know its coming.

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What do you lose by giving them only a week's notice?

 

If you were in a company that treated you well, then by all means give them plenty of notice. With a company that you dread going back in after days off, but you don't want them to respond to you giving 2 weeks notice by giving you a week's notice and leaving you with a week off unpaid; why risk it??

 

You "want to leave on good terms", but you are complying with your notice period (which cuts both ways!)

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Very True BazzaS... Id have to agree with you on that point...

 

Thank you for your advice all, Im giving my notice tomorrow.

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Update for all you wonderful people. so i gave them an olive branch...

 

Im leaving on the morning of the 2nd Dec. This is the final payday too which is great.

I gave them 2 letters this morning stating that one to finish on Nov 27th @ 6AM - The Other to Finish on the 2nd Dec @ 6AM - The 2nd one was doing them a favor which would see me doing just 1 night shift as they are incredibly short staffed.

They were polite about it and thanked me for my time and wish me all the best.

 

So good result all round, but I was preparing for war as they are the "Goto War" type of company.

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Yeah happy that it wasnt going to go to the wall :)

 

Yes so much so, Its closer to London so its roughly where I want to be :)

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