Employment Law

[squeakyB]

Anyone on here up to scratch on the employment law?

I have recently handed in my notice and blondie here thought notice period was a month BUT it is three and boss is holding me to it - problem is I have accepted another position to start in a month - have any leg to stand on?

What would the possible repocutions be if I just said well stuff you I quit now?!

[Shayne]

Is this in the UK?

[squeakyB]

yeah!

[biffon]

What notice of termination (http://www.worksmart.org.uk/jargonbuster/jargonbuster.php?id=74&eny=2&channel=rights) do I have to give if I decide to end my contract of employment (http://www.worksmart.org.uk/jargonbuster/jargonbuster.php?id=25&eny=2&channel=rights)?

The law states you should give 1 week's notice after you have completed one month's service. This period does not increase with service.
However, your particular contract of employment may require you to give a longer period than this legal minimum, so you should check this and your company's employment policy

[squeakyB]

have called the local advice people here and he cannot physically make me stay but he can and I know he will either to give a reference or say I left in breech of my contract which for the new job being with a "by the book" big company will loose me the job!!! I hit a brick wall either which way I go...

to be honest even I do loose the other job, I will still walk out at the end of August ....

[galeforce]

What does your personal employment contract say squeakyB? If it isn't mentioned on there with your signature at the bottom you might have a leg to stand on (guessing here...)

[Chick]

Why don't you contact the new company and explain the situation to see how the waters lie there. If the Human Rescoures Department at the new compancy are put in the picture first they may be sympathetic. Tell them your Boss has been treating you unfairly and you will be leaving at the end of August anyway. It's against the law for him NOT to give you a reference.

[squeakyB]

I have contacted the Employment Agency I got job through as I am still under them until such time as I officially start the new job and she is going to see how the waters lie woth them - I am just hoping it will be ok - its one of those big "by the book" companies...

[Chick]

Did you read what I put in the other thread about this Squeaky? It's worth a shot. If he wants to threaten you, chuck some threats back at him. Employers are bung when it comes to tribunals.

[squeakyB]

Did you read what I put in the other thread about this Squeaky? It's worth a shot. If he wants to threaten you, chuck some threats back at him. Employers are bung when it comes to tribunals.

Hey chick - I did read it - THANK YOU... I am seriously considering it, have a friend who is a lawyer and he is looking into it for me...

[Angelshark]

just get your ass fired. tell the boss he is a knob sock and you have pics of his wife shagging the gardenboy, if that fails, back your ass up into his hand and blackmail him, then sue the shit out of him. that sexual harassment suit is sure to help you on your way out the door.

[zimajays]

just get your ass fired. tell the boss he is a knob sock and you have pics of his wife shagging the gardenboy, if that fails, back your ass up into his hand and blackmail him, then sue the shit out of him. that sexual harassment suit is sure to help you on your way out the door.


:smiley32: :smiley32: :smiley32: :smiley20: :smiley20:

[Chick]

Squeaky - a friend of mine says you can claim - forced resignation - which is: his treatment of you is forcing you to resign. It's got some fancy name wot my friend knows but wot I forgot. If your lawyer friend does not come back with a solution, get back to me and I shall investigate further. Apparently her daughter used this clause to get out of a similar situation to yours.

[Harkey]

Being in Litigation and my direct boss (District Judge) specialising in Employment Law it works against you when you have resigned as it is a voluntary action. We have had many people resign from stress and then try and sue but it hasn’t held in court. BUT the Tribunal is very good and can actually do more than us lawyers. It is harder for a company to fight the tribunal than it is for them to fight a lawyer. The tribunal are there for the people and lawyers for the bucks (shh!). Three months notice is ridiculous – the Tribunal will not allow for that.

Looks like you have enough peeps to ask if things go pear shaped but I can help by asking/researching if all else fails. You can fight this girl and you should – piece of poo needs a good lesson, in fact let me at him, I am in the mood to deal with good for nothing idiots.

[squeakyB]

Squeaky opens the door and lets Harkey loose on he boss!!!!

[squeakyB]

just get your ass fired. tell the boss he is a knob sock and you have pics of his wife shagging the gardenboy, if that fails, back your ass up into his hand and blackmail him, then sue the shit out of him. that sexual harassment suit is sure to help you on your way out the door.

liking this idea!! he he he he

[besame las nalgas]

hows he gonna hold you to it?? check your contract what does it say? anyways you can leave and say it was constructive dismisal because he was treating you bad.. just start your new job. whats he gonna do SUE YOU.. hes not going to spend the fees on lawyers

hes being an ass just go he cant do anything to you..

[Chick]

Yeah, a solution. I love it when a plan comes together. Go Harkey, go Harkey, go Harkey. And the words I was looking for are 'contructive dismissal' (thanks BLN).

would like Squeaky to keep us informed of each and every action.

What an idiot, messing with us Zims.

[yarrumsg]

have you spoken to shaz? there has to be a way of getting out of a job, and if there is she'll know it's part of her job in HR to know these things... option 2 :P just get signed off :P

[squeakyB]

have you spoken to shaz? there has to be a way of getting out of a job, and if there is she'll know it's part of her job in HR to know these things... option 2 :P just get signed off :P


Actually never thought of that - I will give her a ring this evening!!!! - cheers for that!!!

[squeakyB]

Squeaky is admiring Harkey's handy work - black eyes broken nose, broken ribs etc - boss is looking good!!! X

[squeakyB]

ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha!!!! What a stupid "mother £%&*ER"

just given the idiot my official letter of resignation and he actually thought that by making me do the three months notice I had lost the new position and was going to stay!!!! "what a stupid bloody idiot"... I'd have left even if I had lost the new postion which I haven't cause they have agreed to wait the ridiculous 3 months...

Oh man that has put a smile on face!!!

[besame las nalgas]

why dont you just go straight up to the people at the new company and explain.. the fact that he is trying to keep your for 3 months shows that he knows it will be hard to replace you.

no offence but you need to stop worrying over nothing, dont be afraid of bad refrences and dont let it stop you doing what you want, hes a desperate man

[squeakyB]

why dont you just go straight up to the people at the new company and explain.. the fact that he is trying to keep your for 3 months shows that he knows it will be hard to replace you.

no offence but you need to stop worrying over nothing, dont be afraid of bad refrences and dont let it stop you doing what you want, hes a desperate man


I have spoken to them and the refenrence from this idiot is part of my pre-screening after my probabtion so it kind of has to be good - they said it was not essential but would help etc etc... New company has been great and have agreed to wait - and have said if I do have enough and do a "walka out" I can start with them striaght away... Know I should just stop being a chicken and do one but I know what this idiot is like he will have me any which we can !!!

[besame las nalgas]

well no its not your fault you are trying to be decent, i still think he cant hold you to it. what kinda work do you do? i think references are stupid anyway, just coz you were good/crap at a previous job doesnt mean you will perform the same at the new one.. too many different variables.

[squeakyB]

us Zimbos hey! just far to decent for our own good! had it been a pom in this situation they would have just walked I bet!

I am a secretary...