GeordieSteve Posted February 18, 2008 Share Posted February 18, 2008 Anyone know where I stand with not working my full notice period? I handed my notice in today giving a months notice... I'm contracted to 3 month. Reason being I was previously on a 1 month notice period but was told (nothing written down) I'd be given a 5k pay rise if I agreed to a 3 month notice period... I signed, the pay rise never happened. Looks like the boss is gonna complain this afternoon about it. Where do I stand? Quote Link to comment Share on other sites More sharing options...
AlanM Posted February 18, 2008 Share Posted February 18, 2008 Think you are sound mate (according to EU regs you can only be held to one day anyway) Quote Link to comment Share on other sites More sharing options...
GeordieSteve Posted February 18, 2008 Author Share Posted February 18, 2008 Perfect! That's gonna be a killer line in the meeting this afternoon Quote Link to comment Share on other sites More sharing options...
MARTIN R Posted February 18, 2008 Share Posted February 18, 2008 Legally they can't with hold any money, holiday accrued or monies owed, not sure if it could affect any potential bonus payments. I had a member of staff walk out, we still had to pay them for everything outstanding. ( I wasn't happy but that is the Law) Good luck:) Quote Link to comment Share on other sites More sharing options...
tonyhawk Posted February 18, 2008 Share Posted February 18, 2008 Did you sign a new contract with the three month notice period in? I assume the £5k rise wasn't in there? I'm not sure legally, but you might be able to try a tribunal? It's a pretty off thing to do to you. You could also fake stress and get signed off for the last two months Quote Link to comment Share on other sites More sharing options...
GeordieSteve Posted February 18, 2008 Author Share Posted February 18, 2008 No mention of the pay rise. Just a shrug of the sholders when I wasn't given it as well. Nice to know they can't hold back any money! Quote Link to comment Share on other sites More sharing options...
grahamc Posted February 18, 2008 Share Posted February 18, 2008 From when I looked into this, I think theycan hold you to 14 days or something similar... 3 months is ridiculous. Besides, as a company, would you really want somone that does not want to be there, to be around for 3 months?? In my role, I would more than likely be given garden leave right away. I have too many rights, but cant do my job with out them. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted February 18, 2008 Share Posted February 18, 2008 If you agreed a contract then not adhereing to the contract is a breach of the contract. Saying that though if the £5,000 is also included in the contract your employer is already in breach. I should think that they could refuse to give a reference if you are found to be at fault although I don't think they could withhold monies. Think you are sound mate (according to EU regs you can only be held to one day anyway) Which regulation is this?!?! Quote Link to comment Share on other sites More sharing options...
captainchaos Posted February 18, 2008 Share Posted February 18, 2008 If you have signed a contract saying that you will work a 3 month notice and you dont work it you the company can reclaim pay from yourself. Quote Link to comment Share on other sites More sharing options...
GeordieSteve Posted February 18, 2008 Author Share Posted February 18, 2008 Had nothing in writing about the extra monies Quote Link to comment Share on other sites More sharing options...
RiceRocket Posted February 18, 2008 Share Posted February 18, 2008 was told (nothing written down) I'd be given a 5k pay rise if I agreed to a 3 month notice period... I signed, the pay rise never happened. Trust no-one Quote Link to comment Share on other sites More sharing options...
GeordieSteve Posted February 18, 2008 Author Share Posted February 18, 2008 http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073858787&r.l3=1074038949&r.t=RESOURCES&type=RESOURCES&itemId=1073792630&r.i=1073792628&r.l2=1073876974&r.s=m Right to waiver Employers and employees can both waive their right to notice - even though they cannot contract out of the legal minimum period. Seems pretty conclusive. He's had a "word" and if I don't give him more notice he'll tell me tomorrow what they'll do.... oooooooo lol Quote Link to comment Share on other sites More sharing options...
ivan Posted February 18, 2008 Share Posted February 18, 2008 Tell them you'll go to a tribunal about the missing promised pay rise if they don't let you go. Quote Link to comment Share on other sites More sharing options...
grahamc Posted July 13, 2009 Share Posted July 13, 2009 any news on what happened to this? My missus has been offered a gerat opportunity and wants to leave in 2 weeks, however company wants to hold her to 4 weeks notice. Been there less than a year, no real work to hand over, etc, all could be done in the time frame. Anyone got links to UK/EU gov sites stating minimum requirements, etc? Starting a thread as well..... Quote Link to comment Share on other sites More sharing options...
marbleapple Posted July 13, 2009 Share Posted July 13, 2009 any news on what happened to this? My missus has been offered a gerat opportunity and wants to leave in 2 weeks, however company wants to hold her to 4 weeks notice. Been there less than a year, no real work to hand over, etc, all could be done in the time frame. Anyone got links to UK/EU gov sites stating minimum requirements, etc? Starting a thread as well..... At the end of the day leaving is a breach of the contract. The question is what are they going to do about it? They might raise it in the reference but what else can they do? If it incurs them costs then they might have an arguement to sue you for breach but how likely is that? Quote Link to comment Share on other sites More sharing options...
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