Giving notice at work

silverdale

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#1
The missus got a 12 month job last Sept for a woman on maternity leave. The thing was she was told they were 99% certain the woman wouldn't be coming back so she took the job in hope that this was the case and all the signs were she wasn't up till the other week.
The woman in question popped in and glady announced she would be coming back in Aug/Sept. It was then the missus struck lucky and got chance for a new job just up the road as a full time doctors receptionist with an immediate start. It was then she contacted her current boss just so he could confirm that the woman would be definitely coming back and if there would there be a position for her when the woman comes back does, she explained she had chance of a new job. The wifes on holiday with a friends at the moment so her present boss emailed her and said it's a minimum of 4 weeks notice and I need you for at least 8 weeks so ask your new employee to hang on for a minimum of 8 weeks.

8 weeks ??, Is it 4 weeks or is he taking the urine ? she's been there on a temp contact since last Aug/Sept. The new employees need to know asap for a starting date. I Thought it was a weeks notice for under a year, he adamant its 4 weeks, does anyone know the rules on this one ?
 

Ferret

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#2
Not an expert mate but reckon your if your wife is monthly paid thats the notice required if she is weekly paid then it's a weeks notice unless something different was wrote up in her contract regarding the position been for 12 months.

If it was me id just leave as i doubt it would be pursued.
 

miggy

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#3
Not an expert mate but reckon your if your wife is monthly paid thats the notice required if she is weekly paid then it's a weeks notice unless something different was wrote up in her contract regarding the position been for 12 months.

If it was me id just leave as i doubt it would be pursued.
Would she not lose a Months wage if she did that ferret?. 2 months notice seems a lot. Perhaps the sneaky boss is buying her time until the other woman comes back.
 

Grimeire

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#4
It will be all in the contact she signed when she started. Not sure of the laws if she doesn't have a contract but I would assume she can leave at anytime if she doesn't have a contract and doesn't have to give any notice.

I only signed a new one year contract a few weeks ago and it says on it they or I can terminate my contract at any time once a month's notice is given.

I don't really think anyone is going to come after anyone if they don't do their full notice period. If your misses already has a job I would just do the minimum she thinks she should before leaving.
 
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fus10n

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#6
i think this might help?

Statutory or contractual notice period | Acas advice and guidance | Acas

Fixed term contracts
Generally, no notice of the expiry of a fixed-term contract will need to be given, however, if the contract is terminated by giving notice before its expiry date then the correct amount of statutory notice should be given.
It's a catch 22 position, where she could lose out on a new job and be unemployed. I'd check the contract she was given when she joined. If none was given then 1 weeks notice would seem to be appropriate. Now the question is, does she leave on bad terms and burn that bridge or to explain the situation to the new employer to see if they can come to some compromise?

Oh, if your wife just leaves without any kind of notice she could be done for 'breach of contract' - worst case scenario.
 
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Ferret

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#7
Would she not lose a Months wage if she did that ferret?. 2 months notice seems a lot. Perhaps the sneaky boss is buying her time until the other woman comes back.
If she worked a month in hand then they can not withhold that.

We had something similar at work our MD threatened to take it to court never did too much hassle and they payed up the month in hand. Does not mean it would go the same way in this case.
 

JonMMM

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#9
The problem is not the pay (they legally have to pay for work done) nor is it the legal side of the contract as no employer is ever in the real world going to sue an employee for breach of contract in these situations. The problem comes in the fact that the new job is with a doctors, and they should have a rigorous recruitment policy which will include referencing, and by not giving the notice required in the contract (typically 1 month) then her reference may be jeopardised.
 

miggy

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#10
Just give two weeks notice and feck them,if they wanted her gone she'd be out the door asap.
The question is young wiz is, Does the good Lady hand her notice in and get paid for her trouble? or does she wait for Florence to come marching in after dropping the sprog and then getting the sack (surplus to requirements) and not getting paid?.
 

wiz569

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#11
The question is young wiz is, Does the good Lady hand her notice in and get paid for her trouble? or does she wait for Florence to come marching in after dropping the sprog and then getting the sack (surplus to requirements) and not getting paid?.
Either way she will be entitled to her pay m8 :)

Believe you me most Bosses dont give a flying fcuk about Joan/Joe soap, I can guarentee if they were sacking her she would only get a weeks notice as she is there less then a year
 

miggy

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#12
Either way she will be entitled to her pay m8 :)

Believe you me most Bosses dont give a flying fcuk about Joan/Joe soap, I can guarentee if they were sacking her she would only get a weeks notice as she is there less then a year
Very true wiz but why do them a favour staying on waiting for Florence? when she can push off after a week?.With pay of course.🤔😉
Your notice period during dismissal
 

JonMMM

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#13
Really none of know the rights and wrongs in this case as we do not know what the contract says, it could even be that the contract was for the 12 months (like football managers etc) with just a clause for gross misconduct. I really doubt this but we know nothing about the contract and if someone breaks a contract they should not think that they will get a glowing reference
 

chookey

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#16
It's not difficult to sort this is it? The employment contract means nothing really.
She goes to her prospective new employer and relates her quandary, asks if they would think less of her for doing the sensible thing and joining them asap. They say no and she leaves current employer who hasn't been understanding in the least.

Money can't be held back legally so not an issue. If I were in her shoes I would have gave a weeks' notice, after that email I would resign on Friday and start the new job on Monday.
 

JonMMM

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#17
It's not difficult to sort this is it? The employment contract means nothing really.
She goes to her prospective new employer and relates her quandary, asks if they would think less of her for doing the sensible thing and joining them asap. They say no and she leaves current employer who hasn't been understanding in the least.

Money can't be held back legally so not an issue. If I were in her shoes I would have gave a weeks' notice, after that email I would resign on Friday and start the new job on Monday.
As someone who recruits teachers its not that simple, I have to obey safer recruitment policies (and quite rightly) this involves referencing - someone can come and give me a storey about how they fell out with the head and may not get a decent reference or none at all, but that is just their side of the storey, I need that reference without it they do not get a job. To me the medical industry is just as sensitive as education so probably has similar rules and if not it should have.
 

silverdale

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#18
The wife's back of hols and doesn't go in till Thursday but she heard the woman who's so called coming back in trying to wangle a 3 day week when she does and the boss said her job is 5 days not 3. He's seeing how it all pans out and doesn't wan't to lose the wife if this woman's not willing to accept 5 days a week. She is going for a 2 hour induction tomorrow morning then she'll make her mind up. We'll have to get a copy of the contract see what she signed.
 

miggy

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#19
The wife's back of hols and doesn't go in till Thursday but she heard the woman who's so called coming back in trying to wangle a 3 day week when she does and the boss said her job is 5 days not 3. He's seeing how it all pans out and doesn't wan't to lose the wife if this woman's not willing to accept 5 days a week. She is going for a 2 hour induction tomorrow morning then she'll make her mind up. We'll have to get a copy of the contract see what she signed.
Would your Wife be happy to stay where she is if 5 days a week was offered m8?. If not run for the exit door and grab that new job quick. I wish her the very best of luck in her decision as long as she is happy. Great thread silverdale keep us all informed.
 

chookey

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#20
As someone who recruits teachers its not that simple, I have to obey safer recruitment policies (and quite rightly) this involves referencing - someone can come and give me a storey about how they fell out with the head and may not get a decent reference or none at all, but that is just their side of the storey, I need that reference without it they do not get a job. To me the medical industry is just as sensitive as education so probably has similar rules and if not it should have.
She has an email to back up her storey, sorry story. Get one of those teachers to check your spelling Jon ;)
 
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