Resignation

[KellyThomson]

My friend has been offered a job but they want her to start in a week. Her current job requires 1 months notice, although she has signed her contract and been there over a year she has not had is returned, could this mean that she could refuse to work her notice? If she leaves before this time she will be in breach of contract but would they really sue and as she has not had the contract back does this offer her anyway out? Any answers would be greatfully received. K

[deesel]

whats the worst thing that can happen?

throughout life jobs will come and go, but true friendship is a thing of beauty and will last forever. and you Kelly Thomson (for posting this thread) are obviously a good freind to have and i'm sure you will always provide a shoulder for your pal to lean on should times become a struggle.

I wish I had a mucker like you, my big best pal is a dick

[Skids]

She can leave whenever she wants, what will happen if she doesn't work the month's notice is that she'll forfeit her final month's pay, if she gets paid in advance.

[stoo_pid]

One thing to consider is that most employers (though not all) ask for references from your two most recent jobs.  Should your friend go for another new job sometime in the future there is a chance that her reference from her current employer (if it were requested) may not be favourable.

[january_bug]

Note that they can't give a bad reference, but they could refuse to give one at all.  That will damage your friend's CV.  I advise her to talk to her new employers and explain the situation.  She should put her notice in ASAP and take as much sick leave and holiday time as poss.  She may be able that way, to start in 2 weeks time at the new company, whilst still technically working out her notice with the old lot. 

I'd suggest she goes by the rules though, just work those rules to her advantage! :-)

[ursula62]

if you are paid monthly then this is deemed a contract of employment. Your friend could take the company to the industrial tribunal for not giving her a written letter of employment or contract, but this would probably p** them off bigtime and as already stated this wouldn't bode well for a good reference.

[january_bug]

You're acutally entitled to a written contract under s.1 of the ERA 1996 I believe.  She could always just ask for one!!!!  Rather than going to the ET about it. 

Ursula - just a minor point - it's now the "employment tribunal" not the industrial tribunal.  Although everything remains much the same so I'm certainly not questioning your answer! :-)

[Loosehead]

Ok forget the rights and wrongs of it and use a bit of common. On one hand she should give four weeks notice, on the other she has a new job starting in a week. Now I would go to my current employer and explain the situation: "I understand that I should be giving four weeks notice but I have been offered a new job that I really want but they want me to start in a week. Is there any possibility that my notice period could be reduced accordingly.... blah blah". Now on the basis that 1 volunteer is better than 10 pressed men, the current employer should conclude: a) If I force the notice then the job may be lost and the person will not be giving there all and in fact could be disruptive and difficult and would probably go off sick and charge a months pay for no work. b) I would rather not force someone to work here when they don't want to.

Bottom line negotiation is always better than just starting a fight because you think the other side is intransigent. You may even be able to split the difference with the new employer who knows. 

[january_bug]

Which is what most people have been saying all along.  Here we go again then!

[ursula62]

thanks for the update januarybug - it's been a few years since I did any employment law/union legislation stuff. It's good to know that only the names have changed and not the principles!

[Casualtybabe]

she could maybe work til the end of the week, then try to get either annual leave or just pull a sicky
good luck to her
hope she enjoys