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Can I avoid working notice?

4 replies

IWishIWasAFrog · 02/11/2010 13:06

Hi,

I'm on a work permit so need to do the required conrtacted 35 hours a week, however, as from December I wouldn't need the job anymore as hopefully we'll be granted ILR.

The notice period is 3 months but I really cannot work this. Between the cost of childcare and the cost of commuting, I'm paying to work atm, and only working because our application for ILR is sooooo close. Is there any way I can avoid working the notice period? The HR office does not have a signed employment contract on record for me (I found this out before I went on Mat Leave), but I have taken mat leave, paid holiday, etc. as a full employee. Is there any way I can get out of a notice period? Is there such a thing as resigning with immediate effect?

Have to add that I don't have great loyalty towards my employer, have always felt a bit taken advantage of in terms of pay and jobs, as they know my being here (in the UK) is dependant on the workpermit, and they are my sponsor. I'm in healthcare, and currently don't have any clients that I'll leave in the lurch, iyswim (would never do that anyway).

Any advice appreciated.

OP posts:
seeyoukay · 02/11/2010 16:59

Yes, just don't turn up. They can't force you to work your notice period.

Worst case they won't pay you. Not sure how it'd affect your ILR though.

flowerybeanbag · 02/11/2010 19:53

Well of course they won't pay you for notice not worked, I would have said that's more like a best case scenario really.

Worst case scenario is they sue you for breach of contract. In most cases that wouldn't be worth their while financially so it's probably unlikely.

Most likely scenario is they obviously don't pay you for time not worked, and provide a negative reference when asked by any future employer. If you're confident you will never need a reference from them, by all means walk out without giving the proper notice, but if you might need a reference one day, your best bet is to try to negotiate an earlier exit.

chanie44 · 02/11/2010 20:24

In addition to what has been said....

I used to work in HR within the NHS I found that the medical profession is quite a small world and many healthcare professionals know each other and will ask 'what so and so is like' off the record, if they apply for a job.

Have you considered asking if you can leave earlier?

A final point is that it doesn't really matter if you don't have a signed contract of employment. Whilst its useful, you are still their employee (which thye aren't debating) and you have accepted their terms and condidtions.

IWishIWasAFrog · 04/11/2010 15:22

Thanks all.

You're right cheanie, the non-existint contract is a bit of a moot point. I know I signed one... but they are a bit like that.

Think I will just write a really nice letter pleading my case ad hope for the best.

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