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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To hand my notice in

33 replies

ToNoticeOrNot · 05/04/2015 18:39

Ok, so i work for a fairly terrible company. They have ripped us off over pay, treat the staff like crap (think somebody not well, phoning in sick, office put phone down on them)

Anyway tomorrow i have a job interview, i am going to tell my prospective new employer that i need to give a months notice.

DH is saying that, after the way they have treat staff and are not paying me holiday pay because of a policy i knew nothing about, i should just fuck them off and walk out.

I don't feel comfortable doing this, but just out of curiosity what would everyone else do, would it be unreasonable to just leave or not?

OP posts:
LIZS · 05/04/2015 18:45

Contractually if your notice period is 4 weeks you can't start another job before then, whether you walk and are unpaid or not. If you have unspent leave you may be able to take it as part of your notice. Better to say it is 4 weeks but you would try to negotiate less. Any offer would be subject to good references presumably.

CalicoBlue · 05/04/2015 18:50

If you did leave without giving notice, there is not much they can do, apart from sue you for breach of contract and it is not worth the effort for an employer. They will have to pay you any holiday you are due but not the notice you have not worked.

They can say in your reference that you did not adhere to your contract and left without notice. That might not look good.

Blueandwhitelover · 05/04/2015 18:50

They cannot force you to stay, surely all that they could do is not pay you for the notice period (that you wouldn't be working anyway) and possibly say in your reference that you didn't follow procedure.

shadowfax07 · 05/04/2015 18:50

I would be uncomfortable about doing that too, tbh. What does your contract say about notice periods?

WRT the new employer, a month's notice would be fairly standard, I would imagine, and it may not work in your favour if you were available immediately

BigChocFrenzy · 05/04/2015 18:51

Check the terms of your employment contract and stick to that notice, no more and no less.
You don't owe them extra, but if you don't do what you signed up for, you could get into trouble, regardless of how shitty they have been. Also, you might not receive a useable reference or your full pay.

Lunastarfish · 05/04/2015 18:51

Strictly speaking if your contact has a notice period you should give it. If you don't they could in theory sue you for breach of contract. It is rare for an employer to do that though.

What's more likely is that they'll decline to give you a reference. There is no law compelling employers to give references so it can be worthwhile keeping employers on side just for that.

DarthVadersTailor · 05/04/2015 18:54

OP can you expand on them not paying you holiday pay? Might be a legal case to challenge them there because holiday pay is a legal entitlement.

I used to work for a similar style company. Since they never game me a contract to sign in the first place (despite me being entitled to one and asking numerous times for one) I gave them 12hrs notice, nothing they could do about it!

Check the terms of your contract if you're unsure but tbh I'd just leave. In all likelihood the reference will be a bland one merely stating dates of employment and not much else so wouldn't worry too much, just get outta there and on to better things mate!

Eigg · 05/04/2015 18:56

IMO it is better up retain the moral high ground. Most employers would expect you to have to give notice do that shouldn't stand in your way for getting a new job.

It won't look great to your new employers if they find out you just walked out.

Good luck with your interview!

Unescorted · 05/04/2015 18:57

Rememeber that for the job after the new one they might ask references from your last 2 employers.

meandjulio · 05/04/2015 18:58

I have never had an employer who wanted to employ me kick up about the notice period. You'll be in the same boat as everyone else. TBH if your new employer finds out that you just walked from your previous job without notice, wouldn't they expect you to do the same to them...?

ahbollocks · 05/04/2015 19:03

I wouldn't do it.
Wrt your holiday pay are you on a 0 hour contract? If you are holiday pay is usually included in your monthly pay.
If I were the new employer I would think you were perhaps a little bit dramatic if you didnt provide a very good reason

Im sure you wouldn't but definitely dont bad mouth your employer at your interview tomorrow

YesIDidMeanToBeSoRudeActually · 05/04/2015 19:05

As an employer, I always judged potential new staff if they didn't work their notice period, without good cause. People used to say it in interviews "well I'm meant to give a month but I'll just leave, so I can start straightaway".

I'm sure they wanted me to think they were just keen to start their new job, but it made me think they were unprofessional and unreliable, tbh.

So I would bear this in mind with your new potential employers.

Original poster
ToNoticeOrNot · 05/04/2015 19:31

I am on a zero hour contract

I cant go into detail about the holiday pay for fear it would out me, but they allegedly have a policy which means i wont get paid my holiday pay, i wasn't made aware of this policy, we are entitled to holiday pay but i seem to have breached something (unknowingly and not something that could have been helped)

OP posts:
NotYouNaanBread · 05/04/2015 19:43

What does your contract actually say about notice? Have you read it and seen the 4 weeks or are you just assuming?

meandjulio · 05/04/2015 19:44

Yeah, that's shit, and it's another great reason to leave. But tbh your next employer should be more impressed (and you should have more self-respect) if you work to your own standards, not behave in the same way as a shit employer behaves.

Coffeethrowtrampbitch · 05/04/2015 19:45

I'd offer to work my contractual notice if they paid my holiday pay in full.

I'd point out that they could sue me for breaking my contract, but if so they'd better be sure they had adhered to all terms within it, including those of my holiday pay, otherwise it would be likely that they had breeched my contract first and had no case.

I bet if you do that, you will get your holiday money paid and a decent reference.

NotYouNaanBread · 05/04/2015 19:48

Okay, so the law says that just as they are not legally required to give you any hours, YOU are not legally required to accept the hours (if any) that they offer you.

So you can give them your 28 days notice (if it's in your contract) and legally refuse any hours during that period.

No harm double checking that with ACAS.

GreenPetal94 · 05/04/2015 19:48

I've no idea about the legality, but walking out would be great fun. Never done it myself as I've always had contracts.

In terms of references, do you need one. I recently gave references from last and third back jobs. just because second back was only for 6 months. Did not matter.

Original poster
ToNoticeOrNot · 05/04/2015 20:33

I will be working my notice i think, if they give me really shit shifts though (which i wouldn't put past them) i will walk

No idea what i even need to write in a notice letter!

OP posts:
MsAspreyDiamonds · 05/04/2015 20:38

Work your notice so they can't wreck your chances of getting a better job by giving you a bad reference. I quit my job as I had just had enough and the joy of walking out of that door on my last day was worth it. I did a silent fuck you to my nasty boss!

MsAspreyDiamonds · 05/04/2015 20:44

www.theguardian.com/careers/careers-blog/resigning-in-style-how-to-employer

Resignation letter tips

JeanSeberg · 05/04/2015 20:46

Notice letter:

Dear X

I am writing to give 4 weeks notice of my intention to leave X company as of today's date. My last date of employment will be X date.

Yours sincerely

LIZS · 05/04/2015 20:48

Just say that you are giving x weeks notice to terminate your contract and will no longer be available for work from y date. In theory y could be sooner than the notice expiry since you are not obliged to agree to any hours. So if they offered shifts you didn't fancy you can say no but equally they may not offer any alternatives. Are you same op with the sick leave issue ?

MovingOnUpMovingOnOut · 05/04/2015 20:49

If you have a zero hours contract then just refuse all shifts for the notice period.

As regards the holiday pay that is a statutory right and they can have any policy they like and it won't make any difference because the law is the law and it trumps their policy. You should be entitled to holiday pay for the period of time worked. Gov.org used to have a casual workers calculator for this purpose.

Original poster
ToNoticeOrNot · 05/04/2015 20:53

Does anyone know how many holiday days i will have accumulated? Can i put in notice letter "please pay any outstanding holiday pay" i have been there 8 months and work 5 days a week.

OP posts: