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Notice period

12 replies

xstitch · 10/06/2010 10:51

This is slightly academic at the moment. I have a part time job but it really isn't enough to pay the bills. I have been job hunting in the hope of a job with more hours. No success yet however I am a bit concerned about my notice period at my current job.

According to my contract I must give 1 month notice of leaving. I understood this to mean: I give notice in writing and can leave 1 month later. We are short staffed due to people leaving and my boss said she would not accept any more people leaving. We laughed thinking people were joking but she has said she is serious and we cannot leave. I am really worried now as I can't afford to miss out on any chance of a job. She can't make me stay more than a month can she?

OP posts:
AMumInScotland · 10/06/2010 10:56

She can't. It's not up to her to "accept" you leaving. If your contract says 1 month, then that is what the law requires and she can't do anything about it. Apart from pout and whine perhaps!

OneOf8 · 10/06/2010 11:04

As AMumInScotland says - this is the legal minimum you agree to proivde.

The only thing she could do is try to negotiate a longer/shorter time frame - but you would have to agree to any change from the month.

Reallytired · 11/06/2010 19:50

Why not ask your current employer if you can increase your hours?

In practice its very hard for your employer to force you to work your notice. If you don't work your notice it will result in a cr@p reference, but there is little they can do legally if you decide to walk out of a job there and then.

xstitch · 12/06/2010 11:34

Really tired, I have asked to increase my hours several times but have been told repeatedly that this is not possible. The problem isn't that I don't want to work my notice period it is my boss says no-one can leave even after their notice period

OP posts:
Reallytired · 12/06/2010 17:34

Hmm I think your boss is joking. Unless your employer is the army, there is little anyone can do to stop you leaving.

Missus84 · 12/06/2010 17:47

She can't stop you leaving. Write a letter saying you're giving one month's notice as per the contract, your last working day will be xx/xx/10.

lal123 · 13/06/2010 09:38

no-one can leave? How on earth will she stop you?

RamblingRosa · 13/06/2010 15:45

What everyone else has said. She can't stop you from leaving (short of locking you in the building and holding you hostage!). You only need to work the notice period stated in your contract.

I'm sure she's joking.

Or she's a nutter

seeyoukay · 13/06/2010 20:15

Just smack him in the teeth. He'll let you leave then, probably escort you out for your troubles.

GoEngland · 13/06/2010 21:43

You have asked to increase your hours - they said no.
You need more hours/money therefore you need a new job.
When you have the offer letter for your new job write to your currently employer as stated above saying that you are leaving and your last day of working will be (1 month later).
As everyone else has said there is nothing they can do.

RamblingRosa · 14/06/2010 13:58

PS. I know this sounds really obvious but under no circumstances should you tender your resignation until you have a formal job offer from a new employer. I know that sounds daft but you'd be amazed how many people resign thinking they've got something lined up but it then falls through.
That's assuming you want to stick around until you've got a new job! You might hate it so much you just want out!

flowerybeanbag · 14/06/2010 20:07

I used to have a boss who said the same to me. We had a good relationship, were in a difficult working environment at the time, and she depended on me quite a bit. She informed me I was banned from either leaving or becoming pregnant. The difference was I knew she was joking, would have no intention of trying to stop me do either, but was her way of saying she depended on me. It was fine, and in fact I did both!

Your boss is wrong to give the impression that she is actually serious and might try to stop you leaving. She wouldn't because she can't and she does know that, so don't worry and hand your notice in whenever you are ready.

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