HR / Employment Question

h_m_boro

h_m_boro

Well-known member
My daughter's mate started a new job six weeks ago, hates it, and has decided to leave.

Handed her notice in and asked - as she hasn't worked there long - if she could leave pretty much straight away. Company umming and arrring. Contract hasn't got a probation period and as a standard it's 4 weeks notice.

In the meantime she's got another job and they have asked if she can start in a week as they have assumed she will have to gives a weeks notice.

So. If she doesn't go back to her job, and starts the new one, legally what can happen? Obviously won't get a reference which she doesn't care about, but......??

Was asked this question, I've never been in this position so I don't know where she stands.

🤷🏻‍♂️🤷🏻‍♂️
 
If they've already offered the job and she's got it, then just walk out..

I've had similar in the past in which I said 'I don't want to leave on bad terms, but can you do anything if I left after 2 weeks instead of 4?' And they admitted there was nothing they could do..
 
h_m_boro said:
My daughter's mate started a new job six weeks ago, hates it, and has decided to leave.

Handed her notice in and asked - as she hasn't worked there long - if she could leave pretty much straight away. Company umming and arrring. Contract hasn't got a probation period and as a standard it's 4 weeks notice.

In the meantime she's got another job and they have asked if she can start in a week as they have assumed she will have to gives a weeks notice.

So. If she doesn't go back to her job, and starts the new one, legally what can happen? Obviously won't get a reference which she doesn't care about, but......??

Was asked this question, I've never been in this position so I don't know where she stands.

🤷🏻‍♂️🤷🏻‍♂️
Click to expand...
Best to agree it with them first as I believe they can sue to reclaim any costs incurred (if they had to hire a temp to cover the sudden absence for example).
 
If the notice period is not stated in the contract and she is under a year service
She can get away with a weeks notice
 
No probation period and 4 weeks notice. Strange one as this works both ways. So if she was useless, they couldn't give her a week's notice, she could toss it off for a month. Massive turnover of staff so that's probably why they've done it.
 
They can't stop her walking away at short notice as she is a new starter, but as said she may not get paid for some of the days she has worked as they claim costs.

One weeks notice seems fair considering she has only worked 6 weeks.
 
SilentProf said:
It’s generally not worth the company’s trouble to take things further but they may be able to take training costs from unpaid
Click to expand...
That's a great point. I had a management accountant working for me who resigned and the first thing my manager asked was does she owe anything for the training that was provided. I hope it works out for your daughters friend.
 
Kowalski said:
That's a great point. I had a management accountant working for me who resigned and the first thing my manager asked was does she owe anything for the training that was provided. I hope it works out for your daughters friend.
Click to expand...
Sure it will. 👍

It's not in any way a hight powered job - call centre/administration. But its making her ill having to do the job with minimal training, poor working environment (everyone p*ssed off).

Looking like the good old fashioned sick note is going to come out for the 4 weeks.
 
SilentProf said:
It’s generally not worth the company’s trouble to take things further but they may be able to take training costs from unpaid wages.
Click to expand...
Yes, this - depends what the contract specifies, but in some industries reclaiming training costs are common for example, to stop people getting qualified at a companies expense and then moving on.

In practice this is very uncommon for unskilled roles (not sure what the profession is) and in any case claiming reimbursement isn't easy.
 
Its possible now for some people to start negotiate their own terms (within reason) and I would negotiate I want a probation period.

One place I went to I walked out after 10 weeks, I found myself working with some awful and strange staff, while the manager wanted me to spy on others - not of this I knew at interview. Then there were some nasty threatening practical jokes. I had walked into a bit of a cess pool. I was living away during the week to take the job and I just felt very unhappy about the arrangement. One Monday I just didn't turn up like AK in March 2016. All hell broke out, but looking back, I am still sure I did the right thing. I probably lost a few days pay, bit I was not willing to tolerate working in a very unhealthy atmosphere.
 
Technically she is in breach of contract if she fails to work her notice - this would require the current employer to take her to county court for damages - its extremely unlikely for a new and Im guessing junior employee.
 
h_m_boro said:
Sure it will. 👍

It's not in any way a hight powered job - call centre/administration. But its making her ill having to do the job with minimal training, poor working environment (everyone p*ssed off).

Looking like the good old fashioned sick note is going to come out for the 4 weeks.
Click to expand...
I can fully empathise, see my post.
 
h_m_boro said:
Sure it will. 👍

It's not in any way a hight powered job - call centre/administration. But its making her ill having to do the job with minimal training, poor working environment (everyone p*ssed off).

Looking like the good old fashioned sick note is going to come out for the 4 weeks.
Click to expand...
If it's a call centre they're used to mega-staff turnover, so likely won't bat an eyelid, and probably have to factor that into their business model.

Shouldn't be hard for them to find a replacement, as likely won't need much expertise and they will likely have a database of 100 other recent CV's. Bit different if she was office manager, or head of sales etc, where the roles might be harder to replace.

I'd just apologise and say to the manager that I really need to go as I can't stand it, they will probably be ok and let her go in a week, but if they aren't I would just walk out anyway if the job I was going to was a lot better.
 
Kowalski said:
That's a great point. I had a management accountant working for me who resigned and the first thing my manager asked was does she owe anything for the training that was provided. I hope it works out for your daughters friend.
Click to expand...
That will be for tuition through an accredited provider and exams for an accountancy chartership. They can't claim costs for standard on the job training. It would have to be in the contract and the likelihood of any of that happening in the first six weeks is minimal.
Redwurzel said:
They can't stop her walking away at short notice as she is a new starter, but as said she may not get paid for some of the days she has worked as they claim costs.

One weeks notice seems fair considering she has only worked 6 weeks.
Click to expand...
You can't not pay people or claim costs against people. This is Tory Britain but even still we have rights. You have to be paid for the work you have done.

In all likelihood they will be flexible and allow the notice period to be cut short. I doubt anyone that's been there 6 weeks is going to be critical and nobody wants someone that doesn't want to be there hanging around anyway. You can leave without giving notice within the 1st month. After that it is statutory 1 week and if in a signed contract it is whatever is in that. Nobody is going to sue someone for leaving early if they've only been their a short amount of time and/or they aren't critical to the business (which seems extremely unlikely within 6 weeks).
 
h_m_boro said:
Sure it will. 👍



Looking like the good old fashioned sick note is going to come out for the 4 weeks.
Click to expand...

Don't do that. Really don't do that.

Just ask to leave with minimal notice. The employer will probably agree anyway. Calling in sick when you aren't opens the door to the employer deciding to be bloody minded, and the new employer might wonder what sort of person they are recruiting.

Honesty is always the best idea.
 
Soutra said:
Don't do that. Really don't do that.

Just ask to leave with minimal notice. The employer will probably agree anyway. Calling in sick when you aren't opens the door to the employer deciding to be bloody minded, and the new employer might wonder what sort of person they are recruiting.

Honesty is always the best idea.
Click to expand...
Totally agree.

Even when I've left jobs I've hated, worked one place 4 months the next 6, I've always put my 1 week / 4 weeks notice in and kind of sucked it up. What can your employer do - sack you?

But just didn't really have a definitive answer to her predicament. Seemed unfair to keep someone at a job they really hate for an additional 4 weeks when she's only been there 6.

I'll find out later what the company has decided - if anything.

Thanks for the advice all 👍
 
Soutra said:
Don't do that. Really don't do that.

Just ask to leave with minimal notice. The employer will probably agree anyway. Calling in sick when you aren't opens the door to the employer deciding to be bloody minded, and the new employer might wonder what sort of person they are recruiting.

Honesty is always the best idea.
Click to expand...
That's good advice. Having to deal with a bad employer will hopefully stand her in good stead going forward.
 
You must log in or register to reply here.
Back
Top