Advice required!!!!!!!

[martin1974]

Having resigned a few weeks ago and requested that my current employer allow me to shorten my notice period to one month from three I have yet to be told whether this is possible and what my final day with my current employer will be.

Is there anything I can do to make my employer give me an answer? If not is there any way I can legally get around having to work the extra notice period?

I have not been issued with a contract of employment but was issued with a statement of main terms and conditions, which I refused to sign because I disagreed with the notice period requirement.

Is an unsigned statement of terms legally enforcable?

I have never been chased for a signed copy of this by my employer. They have been receiving cv's for a replacement but they seem to be deliberately delaying their decision on my leave date. I need to provide my new job of this soon as I am being pushed for a date.

My fear is that because I can't provide a start date they will take back the job offer leaving me essentially unemployed.

Is there anything I can do if this situation happens?

Any advice would be greatly appreciated.

 

[noidea]

The bottom line is... give them a months notice and leave. I doubt they would get a court order forcing you to work another two months... if indeed that's even possible.

 

[mountrecruitment]

Hi Martin,

It sounds like they are in denial and being awkward while they panic about how to manage the gap you will leave when you go. Sit down with them and explain you will be leaving the company and it would be nice to leave on good terms.
Without a signed contract of employment they have a very weak case for holding you to their contract. Also in reality it makes no sense to keep an unhappy employee in the office / workplace for 3 months as they will just bring the morale levels down.

Perhaps offer to write a handover document and maybe work 5 weeks notice if they aren't a bad employer? Goodwill goes a long way!

 

[martin1974]

Thanks for the advice, all of which I have already brought to their attention.

I have already written a handover document and full procedure and instructional manual for all aspects of the job. The leaving date I proposed actually gave them 6 weeks notice.

I have even offered to make myself available to answer any questions and queries that may arise from the person who inevitably ends up doing the job after I leave.

I really don't know what else I can do other than offering to conduct the interviews myself. I have already been assessing the cv's that have been received for suitability but they want to wait and see if any more are received. I have told them that if they are waiting for a cv like mine then it wont happen.

Where do I stand legally on my notice period?

 

[mountrecruitment]

OK in that case here is the bad news.

Legally you entered into a "verbal contract" unless you have written records of you stating you would not agree to that notice period. By doing the job and taking the salary you have accepted the terms.

For more info see http://www.i-resign.com

However it isn't quite clear cut and legal battles are always expensive. Will they really pay to take you to court? They could possibly lose.

Not an easy one i am afraid. Sorry i couldnt help more.

 

[martin1974]

Sadly thats kind of what I thought would be the case. I will have to approach them again and ask for an answer. They will owe me a couple of weeks leave and I could always become sick for a few weeks, that would reduce the period somewhat.

 

[noidea]

However may I remind you that they would need to have the verbal agreement recorded to prove it did indeed exist. You say it didn't happen and they can't prove that it did?

 

[davidakerr]

Martin

You may wish to check The Employment Rights Act 1996 (as amended). Like Grant has stated by accepting employment, even on a verbal contract, you have by practice, accepted the Terms and Conditions of your employer. I would assume that other employees in your workplace have similar Terms and Conditions as you, consequently there is no requirement to have an agreement "recorded", it would be accepted as common practice if other employees are under the same conditions.

It is a difficult situation but why dont you request a meeting under the grievance procedures to try to come to an amicable solution for both you and your present employer.