Handing notice in tomorrow need advice

[honeytoast]

I have been lucky and had an offer of two jobs and I am going to hand my notice in tomorrow and I know that they are going to try and pressure me to stay, but I want to leave How do I handle this situation as I real dont like to let anyone down also my contract that I signed 3 years ago states a month notice but 2 months ago they issued new contracts stating 3 months but I haven't signed that contract due to house move holidays etc which contract stands as obviously I don't want to let any one down but obviously I would rather leave after a month as I am extremely unhappy in my current role.

Can you give a personal reason for leaving or make a plausible one up? It is more difficult to argue against a personal reason.

I would try not to get drawn into dissing the current job (not that you would). Much as it is making you unhappy, I would just have a polite and gracious resignation letter, thanking the company for the opportunities and training they gave you and wish them the best.

So long as you have not signed the new contract, it is one month's notice.

As I understand it, depending on how they issued the new contract you don't have to sign it to make it binding. When I worked for HBOS through the Lloyds takeover I was issued with a new contract that was binding despite me never signing it. Have you got an HR department you can call to clarify?

No, just smile and say you've got a really good opportunity that you can't pass up.

Assuming you follow procedures properly, the question of why you are leaving is a matter for the exit interview only.

No we haven't a HR department even though we are a large international company just the office administrator who has just currently starting doing HR issues but I wouldn't like to speak to her as i don't think she truly understands the word confidential. That is my worry painting that the contract even though I haven't signed it is binding I will have to search further and see. Yes I will follow the correct procedures as obviously want to be professional.

Painting, I think it is different where it is involves a company selling its business (and the employees that work in the business), as in your case Lloyds taking over HBOS. There TUPE regulations apply.

Even if it is binding they can't force you to work the notice. My contract says three months and of the lost recent departures the actual notice worked be colleagues was one month, six weeks and two weeks...

Ooh I am starting to worry now that I will have to work 3 months notice as had a look on some other websites on HR advice and it is saying even though the contract hasn't been signed it is legally binding could do with flowery she might know. I really don't want to miss out on the new job as it is a great opportunity for a company that is very hard to get into to.

Tiago that is reassuring I am hoping that they will let me early due to the nature of my job as I am subjected to sensitive information.

Honeytoast, I don't know on what basis those websites say you can be bound by a contract you did not sign, possibly if you carried on working for 2 months after they issued the new one as your having accepted it by conduct.

If I were you, whatever the legal position is, I would as a starting point insist to the company that the notice period is one month because you did not sign the contract. If it does not jeopardise your new job, you could 'reluctantly' voluntarily agree to extend it to say 6 weeks or 2 months, as a show of accommodation to your current employer. Personally, I would prioritise the new job over the old. At most you will lose up to one month's pay if the company refuses to accept the notice period. I doubt the company will sue you for not working out your notice.

Hopefully flowery will be around soon ...

In my letter I haven't stated a leaving date do you think I should?? I just wouldn't like to get a bad reference.

Yes, your letter should begin with "I hereby give one month's notice as required by my contract of employment. My last day will therefore be Wednesday 31 October."

Second paragraph is assurances of cooperation with handover to successor/colleague, returning company property eg laptop or blackberry, and any query about being paid for or taking outstanding holiday; and the final paragraph is thanking them for the opportunities they have given you, and best wishes for the future.

Resignation letters should be short and to the point, and focus on logistics.

The question of whether the notice is binding is a grey area - if they issued the contract and you didn't object there's an argument to say that you have accepted the terms, but I would just give them one month's notice and let them say otherwise.

Have you got legal insurance on your home insurance? They might be able to clarify things for you...

I have put leaving date as at 31st October so fingers crossed that they will say this is ok as I deal with sensitive information for the business I am hoping they will say this will be ok. Yes I think I have got legal insurance can they help with that sort of thing?

How did it go OP - hope it all went ok...

Hi zip zap, thank you for asking it went ok, they tried to get me to stay but my mind is made up need a better home life balance

Glad to hear that you've made your escape! Enjoy the last few weeks there and good luck in your new job.

That you very much that is very kind off you to say so

Check with ACAS as my son was told that as long as you accept a pay slip from a company you don't even need a contract you are agreeing to their terms. This was a call to ACAS last year. They are very good. Good luck nothing worse than being in a job you hate.

Sorry guys must stop reading old threads lol