FabSwingers.com forum: Employee rights advice !

By *andm288 OP Couple
over a year ago

oxford

Hello fellow fabsters

We are after a little advice to the following predicament !

My partner has been offered another position with another company better salary holidays better hours & as it seems a better company altogether !

That's the good part

Now she is contracted to give one months notice which we accept & have no issue with

However as she wants out of her old job ASAP how does she stand if she doesn't return after payday ?

She hadn't used all of her holiday entitlement perhaps 2 -3 days left

She is paid monthly in arrears so therotically if she gets paid at the end of the month for the work she has done that month & does not return what can they legally do

Any advice welcome

Apologies for lengthy post !

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By *ratty_DamselWoman
over a year ago

Greater London

Contact CAB or your union to get kosher advice.

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By *njamesMan
over a year ago

Swindon

"Hello fellow fabsters

We are after a little advice to the following predicament !

My partner has been offered another position with another company better salary holidays better hours & as it seems a better company altogether !

That's the good part

Now she is contracted to give one months notice which we accept & have no issue with

However as she wants out of her old job ASAP how does she stand if she doesn't return after payday ?

She hadn't used all of her holiday entitlement perhaps 2 -3 days left

She is paid monthly in arrears so therotically if she gets paid at the end of the month for the work she has done that month & does not return what can they legally do

Any advice welcome

Apologies for lengthy post !"

Tell her to mention to her current employers that she is going to work for a rival company, they will normally have you out the door on gardening leave immediately

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By (user no longer on site)
over a year ago

Yeah seek genuine legal advice if I were you. But breach of contract in any case and especially if they're bitter might not end well. It's a contract for a reason, and that's so they can take your ass to the cleaners if you breach

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By *njamesMan
over a year ago

Swindon

And another thing to consider... Don't burn too many bridges along the way, you never know what life will throw at you and if you are ever dealt a bad hand and she needs to go back there....she is better off leaving on good terms and in the correct manor.

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By (user no longer on site)
over a year ago

"And another thing to consider... Don't burn too many bridges along the way, you never know what life will throw at you and if you are ever dealt a bad hand and she needs to go back there....she is better off leaving on good terms and in the correct manor."

^ this. It may also impact references in future if she leaves under a breach of contract

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By *nly the brave.Man
over a year ago

bolton

Ring ACAS they will give you correct advice for free,

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By (user no longer on site)
over a year ago

"Hello fellow fabsters

We are after a little advice to the following predicament !

My partner has been offered another position with another company better salary holidays better hours & as it seems a better company altogether !

That's the good part

Now she is contracted to give one months notice which we accept & have no issue with

However as she wants out of her old job ASAP how does she stand if she doesn't return after payday ?

She hadn't used all of her holiday entitlement perhaps 2 -3 days left

She is paid monthly in arrears so therotically if she gets paid at the end of the month for the work she has done that month & does not return what can they legally do

Any advice welcome

Apologies for lengthy post !"

In all honesty in the vast majority of jobs their is nothing they can do particularly if you don't need a reference. But leaving like that shows a lack of respect for colleagues and employers. And let's be honest you are totally fucking them over by doing this. Your morals. Your conscience. Your decision

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By (user no longer on site)
over a year ago

Go down the rival company route and she may end up with a month of dual pay - the run out from her notice period (which they have to pay you for) plus her first months wages at the new job

Ditching the job after pay day would be poor form

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By *layerzCouple
over a year ago

Swansea

Can you say why? If the notice period is acceptable to both old and new employers, surely it is better to leave on good terms?

Unless there are good reasons I would suggest she honour her contract - but remember I'm only suggesting this as you have asked for advice/opinion and there is nothing in your initial post to suggest why she shouldn't want to leave on good terms 80).

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By *andm288 OP Couple
over a year ago

oxford

"Can you say why? If the notice period is acceptable to both old and new employers, surely it is better to leave on good terms?

She has felt undervalued for a long time asked for a payrise and they offered very little ! Then when they found out she was off surprise surprise they offer more for her to stay but still nowhere near here new offer she has offered 4 weeks notice but they are insisting on one calendar month they really treat their staff like numbers no benefits no perks just a crap salary they fire people willy nilly ( pls excuse the pun )

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By *avidnsa69Man
over a year ago

Essex & Bridgend

The point of a contract is that it cuts both ways. She could walk and they're unlikely to do anything about it at all....too much cost and hassle. However, it's a small world and what goes around comes around. For the sake of a few days I wont bother making waves.

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By *efreeMan
over a year ago

North Staffs

I personally wouldn't do it as I left one company for another and my old firm ended up buying the one I moved too!

Lesson learned was to never leave on bad terms.

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By (user no longer on site)
over a year ago

Now she is contracted to give one months notice which we accept & have no issue with

There lies your answer

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By (user no longer on site)
over a year ago

Phone in sick with stress ..worked for me

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By (user no longer on site)
over a year ago

You are under contract but I doubt your current employer will want you in the office if you are going to a competitor. Leave on good terms, you will want a reference in future. Not sure I see why you would need any advice on this.

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By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

In employment terms never burn your bridges.

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By (user no longer on site)
over a year ago

"Yeah seek genuine legal advice if I were you. But breach of contract in any case and especially if they're bitter might not end well. It's a contract for a reason, and that's so they can take your ass to the cleaners if you breach"

Agree. You need PROPER advice on this one, to avoid it potentially biting you on the arse. Casually dropped into the conversation that you're going to work with a direct competitor may have them asking you to clear your desk and them escorting you from the building, but different companies see employees leaving in different ways, and react differently...don't get caught on the wrong side of this coin-toss. And good luck in the new job.

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By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

When I left my job in July I was paid in lieu of notice by mutual agreement. It is worth discussing with them

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By *layerzCouple
over a year ago

Swansea

I strongly suggest you stick to what you are contracted to, be that four weeks or a calendar month, I know it can be tough, but prove to them what a valuable asset they are losing. Leave on good or the best terms possible that you can. I guarantee that in time you will feel better for doing this.

Regarding how they treat staff and that they sack them willy nilly.... Well they will reap what they sew and that unfortunately is representative of the society and climate we live in today.... You may find in time your new employers will not be that much different.... Here's hoping not!

Good luck at your new place!

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By (user no longer on site)
over a year ago

You would be in breach of contract and the current company would be within their rights to enact legal action to recover the outstanding pay for days not worked. Furthermore they could refuse to supply a reference. As a manager with a company I have had to go through this with an employee that resigned and thought he would try to be clever. Subsequently found he lost his new job as couldn't get a reference from us.

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By *andm288 OP Couple
over a year ago

oxford

Thanks for all the advice guys

Greatly appreciated !

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By *at69driveMan
over a year ago

Hertford

"Hello fellow fabsters

We are after a little advice to the following predicament !

My partner has been offered another position with another company better salary holidays better hours & as it seems a better company altogether ! Always best

That's the good part

Now she is contracted to give one months notice which we accept & have no issue with

However as she wants out of her old job ASAP how does she stand if she doesn't return after payday ?

She hadn't used all of her holiday entitlement perhaps 2 -3 days left

She is paid monthly in arrears so therotically if she gets paid at the end of the month for the work she has done that month & does not return what can they legally do

Any advice welcome

Apologies for lengthy post !"
Always best to leave on good terms . I would abide by the contract in case she ever wants to return.

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By (user no longer on site)
over a year ago

Agree. Small world and if this job doesn't work out she might need current employer for a reference.

Do it by the book.

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By (user no longer on site)
over a year ago

There is nothing they can do and a good company should thank her and wish her

well

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By (user no longer on site)
over a year ago

if its a competitor they will probably let her go but i think its courteous to end on a good note and work the notice - any holidays due could be knocked off the time maybe

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By (user no longer on site)
over a year ago

^ this. It may also impact references in future if she leaves under a breach of contract "

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By *trawberry-popWoman
over a year ago

South East Midlands NOT

Regards annual leave it's often worked out on a pro-rata basis so the fact it's not all been taken may be irrelevant-you may owe days back!

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By *ishful ShenanigansMan
over a year ago

Just as a point of interest, is the new company happy to wait for her to complete her notice? If so I would work the contracted notice period.

As for references ... It's illegal for a company to supply you with a bad reference. Most companies just supply start and finish dates anyway. I always think that if your new company knows that your prepared to shit on ( forgive the phrase ) your old company it goes that you'd also be prepared to do the same to them which isn't a great way to start your new career path.

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By *harpDressed ManMan
over a year ago

Here occasionally, but mostly somewhere else

I'd wonder why the new company were willing to encourage people to do this, given that it sends the wrong message out.

My opinion is that unions and lawyers are an over the top approach. If you want to be released early, ask your line manager or HR dept. If they say no, then it's between you and your conscience. Personally, a month doesn't seem like much of a hardship.

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By (user no longer on site)
over a year ago

"Hello fellow fabsters

We are after a little advice to the following predicament !

My partner has been offered another position with another company better salary holidays better hours & as it seems a better company altogether !

That's the good part

Now she is contracted to give one months notice which we accept & have no issue with

However as she wants out of her old job ASAP how does she stand if she doesn't return after payday ?

She hadn't used all of her holiday entitlement perhaps 2 -3 days left

She is paid monthly in arrears so therotically if she gets paid at the end of the month for the work she has done that month & does not return what can they legally do

Any advice welcome

Apologies for lengthy post !"

As a prospective new employer I'd be more impressed with an employee that saw out their notice with their current employer rather than jump ship. After all, you could do the exact same thing to them.

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By *edangel_2013Woman
over a year ago

southend

"Just as a point of interest, is the new company happy to wait for her to complete her notice? If so I would work the contracted notice period.

It's not illegal to supply a bad reference. If a reference is truthful and can be backed up, you can legally say what you like in a reference.

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By (user no longer on site)
over a year ago

"Hello fellow fabsters

We are after a little advice to the following predicament !

My partner has been offered another position with another company better salary holidays better hours & as it seems a better company altogether !

That's the good part

Now she is contracted to give one months notice which we accept & have no issue with

However as she wants out of her old job ASAP how does she stand if she doesn't return after payday ?

She hadn't used all of her holiday entitlement perhaps 2 -3 days left

She is paid monthly in arrears so therotically if she gets paid at the end of the month for the work she has done that month & does not return what can they legally do

Any advice welcome

Apologies for lengthy post !

As a prospective new employer I'd be more impressed with an employee that saw out their notice with their current employer rather than jump ship. After all, you could do the exact same thing to them. "

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By *not69Man
over a year ago

Lancashire

Bd careful about going down the route of going to a competing company, there may well be a clause in her contract that prevents her from working for the competition for a certain period of time

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By (user no longer on site)
over a year ago

I don't think there is such a thing where you can be 'contracted' to give a months notice, especially if you're paid in arrears, its just a bit of a con by employers

And I'm an employer

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By *onny BonesMan
over a year ago

a block away from heaven

By staying and working the notice period demonstrates to any future employer the professionalism of your partner. Working the period with a smile on your face, showing your keenness to move on to pastures new can really get up their noses. Use your holiday wisely and if possible take it when business needs are are critical is a way of sticking two fingers up at them.

If you really wanted to stick two fingers up at them organise a FAB party in the office and invite us along to liven it up!

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By (user no longer on site)
over a year ago

"By staying and working the notice period demonstrates to any future employer the professionalism of your partner. Working the period with a smile on your face, showing your keenness to move on to pastures new can really get up their noses. Use your holiday wisely and if possible take it when business needs are are critical is a way of sticking two fingers up at them.

If you really wanted to stick two fingers up at them organise a FAB party in the office and invite us along to liven it up!"

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By *ay2571Man
over a year ago

Edinburgh

As some one who employes people I would not be very impressed if a new start did this with their old company. It shows lack of respect and also a lack of commitment.

On the subject of gardening leave, it's quite getting rare theses days, seems companies want their pound of flesh.

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By *ranthamThroatMan
over a year ago

Grantham.

"Hello fellow fabsters

We are after a little advice to the following predicament !

My partner has been offered another position with another company better salary holidays better hours & as it seems a better company altogether !

That's the good part

Now she is contracted to give one months notice which we accept & have no issue with

However as she wants out of her old job ASAP how does she stand if she doesn't return after payday ?

She hadn't used all of her holiday entitlement perhaps 2 -3 days left

She is paid monthly in arrears so therotically if she gets paid at the end of the month for the work she has done that month & does not return what can they legally do

Any advice welcome

Apologies for lengthy post !"

If very honest, when partner hands in notice should be "offered" an exit meeting, decline it and say why!

If they insist do as I did and tell them they are the worst people to work for and you would never advise anyone to work for them...within 2 hours told I did not have to work my months notice and i would be paid until the end of contract.

Look on the HR woman's face was priceless I must say.

Hopefully it isn't that bad for your partner.

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