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Looking for some employment advice

4 replies

WorkAdvice · 18/12/2012 09:44

Hi I am a regular who has NC for this as I don't want it traceable to my usual name.

I work on a self employed basis for 2 jobs. I love one and dislike the other. At the one I don't like I was given an appraisal which upset me a lot (firstly as a self employed person I didn't expect to have an appraisal, I never have before; secondly they made very unfair and disablist comments to me) I have a slight disability which doesn't affect my ability to do my job. It has never been an issue in any other job.

Following this, and the news that 3 other people have given their notice, I gave 3 months notice, which is something that the boss had previously verbally asked for. I don't have a contract which requires this, and it is an unusually long notice period for the profession I am in. My previous contract ran out last January and only required for me to give a weeks notice. My 3 months notice will run out mid-Feb.

Since then 2 things have changed. Firstly the boss called one of my colleagues in on Friday and gave her a weeks notice of the end of her employment. She was the colleague I was closest to and the only one who had shown any understanding towards my slight disability. I feel like without her there the atmosphere is so negative towards me and I feel anxious at the thought of working out my notice period.

The second thing to happen is that I found out the boss gave an untrue and grossly unfair bad reference to an employer for another job I applied for. I found this out as they phoned both my current employers and the second one gave me a glowing reference and had to put straight the harm that had been done by the bad reference.

I feel like I have always worked to the best of my ability for both jobs. One is very happy with me, and my previous jobs have always been happy with me also. I'm very upset about this.

What I want is to not work my notice period. I feel there is no point if I am going to receive a bad reference anyway. If I made Friday my last day that would be 4 weeks since I gave my notice and they would have the Christmas period (the workplace is totally closed for 2 weeks) to find a replacement for me.

Can I do this? Should I mention that I know about the bad reference? Should I mention disability discrimination? I just want to go quietly and receive the good reference that I deserve. I don't want to have to go through a tribunal, even though I'm sure the boss's behaviour is serious enough to warrant it.

TIA for any advice, that was long!

OP posts:
flowerytaleofNewYork · 18/12/2012 18:14

Are you employed or self employed? You say you're self employed but talk very much as though you are employed.

WorkAdvice · 18/12/2012 18:20

I'm self employed. I earn a percentage of the takings from the clients I see.

OP posts:
ClareMarriott · 18/12/2012 22:52

Sorry, but are you actually saying you run a franchise and your " boss " has given you and others ( who run other franchises ) appraisals ? I think you will need to provide a bit more information for posters to have a clear idea of what you actually do so we can give you any advice/opinions

flowerytaleofNewYork · 19/12/2012 10:08

Agree with Claire. Just because you and your 'boss' put a label of self-employment on what you do doesn't mean you actually are self-employed. It's not something either of you get to decide.

If you're self-employed you are your own boss, and if your client mentions giving you an appraisal you say 'no thanks'. You wouldn't be talking about a 'boss' or 'employer', you'd be talking about clients.

I think you need to give a bit more information about what you do and how it works so we can advise. If you are genuinely self-employed your rights are much less generally but in terms of notice period to withdraw your services it will depend on the terms you are operating under. If you haven't agreed new terms then it would probably be reasonable to assume the ones in your previous contract still apply.

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