Employment Law

Taff

Inactive User
Joined
Sep 27, 2001
Messages
1,321
Reaction score
2
Anyone got experience with working notice.

My current employer requires 3 months notice..

I have 172 hours of leu time and 3 weeks holidays, if I use this time and finish 7 weeks early can I start my new job or do I have to wait until I officially finish with my current employer ?

Regards

Taff
 

MH

Administrator
Staff member
Administrator
Joined
Jul 10, 2001
Messages
19,577
Reaction score
3,654
Location
0° 0′ 0″ N, 0° 0′ 0″ E
You can use your time to have time off, but you have to basically stay with the company for the 3 months.

Even when you get put on garden leave as I did..
 

Taff

Inactive User
Joined
Sep 27, 2001
Messages
1,321
Reaction score
2
Then I need to negotiate with my current employer as I want to start my new job asap.....

Thanks for that

Taff
 

karym6

DW Member ++
Joined
Jul 10, 2007
Messages
6,926
Reaction score
65
Location
Edinburgh, UK
This isnt really an employment law question, but a contract law one.

you need to check your contract and with your HR to see if you can use this time as notice. Most companies wont let you. I was in a similar situation before my current job, they had a six week notice period and they wouldnt let me go in four weeks, which my new job wanted.

I essentially left after four weeks notice, but I was in breach of contract. Naturally, my previous company were not going to take it up - but if I had held an important position then they could have sued for breacj of contract. So best check to see if this will affect you or not.
 

Taff

Inactive User
Joined
Sep 27, 2001
Messages
1,321
Reaction score
2
The resignation acceptance letter basically states all hols and leu time must be taken as compensation by renumeration will not be made...

I will try to negotiate my leave or may force their hand, I am fortunate to be the only person whom can do my job and if they want me bring a shadow up to speed on my projects then they better hope I dont get sick!!!

Regards

Taff
 

karym6

DW Member ++
Joined
Jul 10, 2007
Messages
6,926
Reaction score
65
Location
Edinburgh, UK
Then this is a tricky position - if you are the only person who can do your job untill someone is trained, then you may find it very hard to get out and not be threatend.

This acceptance letter, its from your HR dept? If you have all that time owed, then its a nice lump sum. Are you able to negotiate with both sides? Maybe six weeks notice or something?

You may also want to have a quick chat with a solicitor
 

MikeS

Inactive User
Joined
Dec 22, 2005
Messages
1,869
Reaction score
27
Location
birmingham
just go off sick with stress and start your new jobg

go to your doctor and say your boss is bullying you etc :)
 

mapman

VIP Member
VIP Member
Joined
Apr 13, 2007
Messages
1,561
Reaction score
104
just go off sick with stress and start your new jobg

go to your doctor and say your boss is bullying you etc :)

if he does this his dr would end up in truble thats if he did it .do what was said in post .


Then this is a tricky position - if you are the only person who can do your job untill someone is trained, then you may find it very hard to get out and not be threatend.

This acceptance letter, its from your HR dept? If you have all that time owed, then its a nice lump sum. Are you able to negotiate with both sides? Maybe six weeks notice or something?

You may also want to have a quick chat with a solicitor.
i would go by solicitor that will send a message and might let you go .how long have you been their
 
Last edited:

pipsqueaker

Inactive User
Joined
Feb 12, 2008
Messages
1,351
Reaction score
114
I'm pretty sure that if you get the sack your employer can pay you in leu of notice, if he wants rid of you quickly.

If you resign then you have to work your notice. He doesn't have to pay you in leu of notice. If you don't work your notice he can inflick penalties on you.

However, if you are paid in leu then you can start a new job when you like.
 

karym6

DW Member ++
Joined
Jul 10, 2007
Messages
6,926
Reaction score
65
Location
Edinburgh, UK
Most companies dont do this though, unless it is something quite trivial. From what Taff is saying, he has a key role in his company.
 

zad

Inactive User
Joined
Dec 26, 2005
Messages
2,901
Reaction score
658
Location
Wigan, United Kingdom
Just call acas they will let you know how and what you can do atleast that way you wont risk losing pay,job reference etc etc....
 

Taff

Inactive User
Joined
Sep 27, 2001
Messages
1,321
Reaction score
2
Thanks for all the relies and advice, I am definitely going to see if my finishing date is negotiable....

Regards

Taff
 
TEST
Top