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Not working notice period
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By (user no longer on site) OP 41 weeks ago
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I have recently got a new job and told them my notice period is 2 weeks as that’s what I was verbally told by a colleague-it turns out my notice period is 4 weeks.
My start date is in 3 weeks time and I’m getting really stressed about the repercussions of me not working the full 4 weeks. Is anything serious going to happen? Or am I just going to look like an asshole? |
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By (user no longer on site) OP 41 weeks ago
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"Have you got enough annual leave left to book that final week off?"
Unfortunately not as they make us book all our annual leave in one so it’s all been used up April last year |
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"Have you got enough annual leave left to book that final week off?
Unfortunately not as they make us book all our annual leave in one so it’s all been used up April last year "
You can either be honest with your current employer and hope they don't do anything, or call in sick that final week. You know best how they're likely to react. Unless someone else has a better idea? |
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"I have recently got a new job and told them my notice period is 2 weeks as that’s what I was verbally told by a colleague-it turns out my notice period is 4 weeks.
My start date is in 3 weeks time and I’m getting really stressed about the repercussions of me not working the full 4 weeks. Is anything serious going to happen? Or am I just going to look like an asshole?"
Well its not like they can fire you? |
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"Have you got enough annual leave left to book that final week off?
Unfortunately not as they make us book all our annual leave in one so it’s all been used up April last year "
I'm sure you must have a accumulated some leave since then. Simply tell them what's happened. You can't be forced to work and they can't do anything terrible to you |
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Technically your leave period is part of your contract. However once you leave there isn't much they can do except not pay you for the days you didn't work.
You do need to consider if you will piss people off which in some sectors can be career limiting, or if it might close doors for a return in the future.
As others have said, talk to either or both sides, and hopefully you will get a resolution.
Good luck OP. |
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By (user no longer on site) OP 41 weeks ago
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I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things? |
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By *a LunaWoman 41 weeks ago
South Wales |
There isn’t much they can do really. Just be careful if you need to use them for a reference in the future.
When all is said and done, It’s better to work 3 weeks notice (or what you can) than just walking off the job and leaving them in the lurch. So tell them the date you will be leaving and don’t stress.
They won’t be over the moon, because employers never are when losing staff, but they have enough time to get their ducks in a row. |
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speak to your current employer and explain, depending on your role they might not want you working under those circumstances .
Also mum type comment, in future don't take a colleagues word for things like this. Good luck |
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"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?"
Then the notice period should apply to you. Check your contract and what it says about the probation period but technically it should be you can leave at a moments notice the same way you can be let go at a moments notice. |
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By *lynJMan 41 weeks ago
Morden |
"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?"
It might do. If your performance wasn't up to scratch, they may be happy with you leaving early. |
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By *stellaWoman 41 weeks ago
London |
"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?"
Typically if an employer fails to conduct a probation meeting then you automatically pass probation in lieu so as not to keep you in probation period with lesser employment rights/safety. So I think it may be that you’re technically no longer on probation, as when an employer extends probation it has to stipulate the length of time the extension was for and if that’s lapsed then you’ve passed. |
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Taken from ACAS; The person leaving should try to reach agreement with their employer if they need to leave without working some or all of their notice.
If someone leaves without agreeing it with their employer first, they could be in 'breach of contract'. This means the person could have a court claim made against them if the employer ends up with extra costs.
If someone leaves early, the employer only has to pay them for the time that they've worked, including any money owed for accrued but untaken holiday.
If someone leaves early, the employer only has to pay them for the time that they've worked, including any money owed for accrued but untaken holiday.
The employer can end up with extra costs if someone leaves before or during their notice without agreeing it.
For example, they have to spend more to hire someone else on a short-term contract.
In these situations the employer might be able to:
make a deduction from any final pay, if the contract allows it
make a court claim to get the money back from the person who left...
#TakenFromAcas |
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"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?"
Do you have the probation details in writing? There should have been a date for review on there. If not I guess it's your word against theirs....there should be a paper trail, If you are on probation and notice period isn't set then you should only have to work a weeks notice depending on how long you have worked there (up to two years I think) as I said give ACAS a ring and they Will advise best course of action
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By (user no longer on site) 41 weeks ago
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"I have recently got a new job and told them my notice period is 2 weeks as that’s what I was verbally told by a colleague-it turns out my notice period is 4 weeks.
My start date is in 3 weeks time and I’m getting really stressed about the repercussions of me not working the full 4 weeks. Is anything serious going to happen? Or am I just going to look like an asshole?"
What does your contract say?
You could resign but you probably not get paid and might need work reference.
Can you just tell them your new job starts in 3 weeks time and just not get paid for the last week? |
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The fact they make you take annual leave in one block doesn't mean you haven't accrued at least some annual leave, maybe not 4 weeks worth but you'll still have accrued some. It's a shame it's inconvenient for them but it's not you who designed their policy, you've earned it and it's yours to take. |
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By *ddie1966Man 41 weeks ago
Paper Town Central, Essex. |
"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?
Then the notice period should apply to you. Check your contract and what it says about the probation period but technically it should be you can leave at a moments notice the same way you can be let go at a moments notice. "
Absolutely correct.
Under employment law, whilst working a probationary period, a contract of employment van be terminated with no notice at all from both parties.
A contract of employment does not come into force until a probationary period has expiredwhats more, the accepted period of notice is 1 week for every year worked up to a period of 3 weeks unless special restrictions have been placed in the contract by either parties and agreed upon by all parties.
Basically, you could walk out tomorrow and there's not a lot they can do.
You might, however, find it difficult to get a reference from them.
Giving a bad reference is illegal, but giving no reference is as good as a bad reference.
Hope this helps. |
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ACAS
https://www.acas.org.uk/
Acas helpline
The Acas helpline is for anyone who needs employment law or workplace advice, including employers, employees and workers.
Contact us for confidential, free advice. We can talk through:
any work-related problem or question you have
what the law says and how it relates to you
good practice at work
your options, including any risks and benefits
You do not have to give any personal details.
Helpline 0300 123 1100
Open Monday to Friday, 8am to 6pm.
The advice you receive is free but you may be charged for the call depending on your phone provider and whether you use a mobile or a landline.
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Generally, there is very little an employer can do if you don't serve a full notice period as they don't lose anything by paying you if you're not there. To take any action against you, they would have to show that they had suffered a loss by you leaving early. |
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By (user no longer on site) OP 41 weeks ago
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I have an update
I’ve just checked my holiday calendar and I actually have a week off booked starting Monday 11th
My proposed start date is March 4th, so would I be in breach of contract by leaving early? |
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"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?
Then the notice period should apply to you. Check your contract and what it says about the probation period but technically it should be you can leave at a moments notice the same way you can be let go at a moments notice.
Absolutely correct.
Under employment law, whilst working a probationary period, a contract of employment van be terminated with no notice at all from both parties.
A contract of employment does not come into force until a probationary period has expiredwhats more, the accepted period of notice is 1 week for every year worked up to a period of 3 weeks unless special restrictions have been placed in the contract by either parties and agreed upon by all parties.
Basically, you could walk out tomorrow and there's not a lot they can do.
You might, however, find it difficult to get a reference from them.
Giving a bad reference is illegal, but giving no reference is as good as a bad reference.
Hope this helps."
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
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"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?
Then the notice period should apply to you. Check your contract and what it says about the probation period but technically it should be you can leave at a moments notice the same way you can be let go at a moments notice.
Absolutely correct.
Under employment law, whilst working a probationary period, a contract of employment van be terminated with no notice at all from both parties.
A contract of employment does not come into force until a probationary period has expiredwhats more, the accepted period of notice is 1 week for every year worked up to a period of 3 weeks unless special restrictions have been placed in the contract by either parties and agreed upon by all parties.
Basically, you could walk out tomorrow and there's not a lot they can do.
You might, however, find it difficult to get a reference from them.
Giving a bad reference is illegal, but giving no reference is as good as a bad reference.
Hope this helps.
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
"
And also to give a bad reference isn't illegal... But if a job offer has been withdrawn because of a reference then an employee may take legal action if the information on the reference is found to be misleading, discrimnatory or untruthful. |
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"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?
Then the notice period should apply to you. Check your contract and what it says about the probation period but technically it should be you can leave at a moments notice the same way you can be let go at a moments notice.
Absolutely correct.
Under employment law, whilst working a probationary period, a contract of employment van be terminated with no notice at all from both parties.
A contract of employment does not come into force until a probationary period has expiredwhats more, the accepted period of notice is 1 week for every year worked up to a period of 3 weeks unless special restrictions have been placed in the contract by either parties and agreed upon by all parties.
Basically, you could walk out tomorrow and there's not a lot they can do.
You might, however, find it difficult to get a reference from them.
Giving a bad reference is illegal, but giving no reference is as good as a bad reference.
Hope this helps.
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
"
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place. |
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"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?
Then the notice period should apply to you. Check your contract and what it says about the probation period but technically it should be you can leave at a moments notice the same way you can be let go at a moments notice.
Absolutely correct.
Under employment law, whilst working a probationary period, a contract of employment van be terminated with no notice at all from both parties.
A contract of employment does not come into force until a probationary period has expiredwhats more, the accepted period of notice is 1 week for every year worked up to a period of 3 weeks unless special restrictions have been placed in the contract by either parties and agreed upon by all parties.
Basically, you could walk out tomorrow and there's not a lot they can do.
You might, however, find it difficult to get a reference from them.
Giving a bad reference is illegal, but giving no reference is as good as a bad reference.
Hope this helps.
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place. "
This is from ACAS....
A work reference is usually from a current or previous employer. It is sometimes called a factual reference.
Work references can be basic or detailed.
A basic work reference is a short summary of employment. For example, the employee's job title and the dates they worked there.
A detailed work reference can include:
the employee's job title
dates of employment
details about their skills, ability and experience
any current, relevant disciplinary records
the reasons for leaving the job
... |
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"I probably should have mentioned that in all technical terms, I’m still on probation;
At my 6 months probation review my probation was extended because my performance wasn’t well and then my manager left without ever completing it. Does this change things?
Then the notice period should apply to you. Check your contract and what it says about the probation period but technically it should be you can leave at a moments notice the same way you can be let go at a moments notice.
Absolutely correct.
Under employment law, whilst working a probationary period, a contract of employment van be terminated with no notice at all from both parties.
A contract of employment does not come into force until a probationary period has expiredwhats more, the accepted period of notice is 1 week for every year worked up to a period of 3 weeks unless special restrictions have been placed in the contract by either parties and agreed upon by all parties.
Basically, you could walk out tomorrow and there's not a lot they can do.
You might, however, find it difficult to get a reference from them.
Giving a bad reference is illegal, but giving no reference is as good as a bad reference.
Hope this helps.
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place. "
And the issue with 'helping a shit employee on their way' is if they fuck off and fuck up elsewhere and the reference is referred back upon and it's seen that the document has my signature on it....
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"
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place.
This is from ACAS....
A work reference is usually from a current or previous employer. It is sometimes called a factual reference.
Work references can be basic or detailed.
A basic work reference is a short summary of employment. For example, the employee's job title and the dates they worked there.
A detailed work reference can include:
the employee's job title
dates of employment
details about their skills, ability and experience
any current, relevant disciplinary records
the reasons for leaving the job
..."
Simply because it can doesn't mean it does or should. It sounds like you're preventing people from moving for sake of disclosing everything when you don't have to put their lifes history into a reference.
If it were a very senior position I might understand it, for the average worker moving up the ladder, it's a bit needless... and if they were that bad, get shut of them |
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"
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place.
This is from ACAS....
A work reference is usually from a current or previous employer. It is sometimes called a factual reference.
Work references can be basic or detailed.
A basic work reference is a short summary of employment. For example, the employee's job title and the dates they worked there.
A detailed work reference can include:
the employee's job title
dates of employment
details about their skills, ability and experience
any current, relevant disciplinary records
the reasons for leaving the job
...
Simply because it can doesn't mean it does or should. It sounds like you're preventing people from moving for sake of disclosing everything when you don't have to put their lifes history into a reference.
If it were a very senior position I might understand it, for the average worker moving up the ladder, it's a bit needless... and if they were that bad, get shut of them"
Well I'm in a position of Safegaurding, it's a huge part of my job. So thanks for the input |
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"
And the issue with 'helping a shit employee on their way' is if they fuck off and fuck up elsewhere and the reference is referred back upon and it's seen that the document has my signature on it....
"
The only reason I mention it is years ago, a manager who would regularly give verbal warnings, these stand on you record longer than written one. Anything from not hading a report in to a desk to not tucking a shirt in or hair not tied up. Written ones for lateness to absenteeism when call logs weren't checked or leave records were incorrect. Several employees were affected, no one could move or apply for alternative positions. Despite HR overturning most of his actions, they still stayed on records. |
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"I have an update
I’ve just checked my holiday calendar and I actually have a week off booked starting Monday 11th
My proposed start date is March 4th, so would I be in breach of contract by leaving early?"
Without seeing your contract all anyone can suggest is what is legal. I would suggest you hand your notice in stating that your last day of employment will be 17th March and that due to annual leave you last working day will be whatever your last day in is due to be.
That way you’ve given notice and that’s the end of it. If you’re still on probation that’s plenty of time to finish up. |
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"
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place.
This is from ACAS....
A work reference is usually from a current or previous employer. It is sometimes called a factual reference.
Work references can be basic or detailed.
A basic work reference is a short summary of employment. For example, the employee's job title and the dates they worked there.
A detailed work reference can include:
the employee's job title
dates of employment
details about their skills, ability and experience
any current, relevant disciplinary records
the reasons for leaving the job
...
Simply because it can doesn't mean it does or should. It sounds like you're preventing people from moving for sake of disclosing everything when you don't have to put their lifes history into a reference.
If it were a very senior position I might understand it, for the average worker moving up the ladder, it's a bit needless... and if they were that bad, get shut of them
Well I'm in a position of Safegaurding, it's a huge part of my job. So thanks for the input"
Safeguarding is nothing to do with references, if they are fucking up that bad safeguarding needs to be enacted they should be fired. |
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Are you paid monthly at the end of the month?
If so just ask that you finish at the end of this pay period. So explain in your notice letter that your last working day will be 29th February. That way they can work out you holiday allowance etc and pay you everything you need and send you your P45 in time for you to start new place on 4th. |
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"
And the issue with 'helping a shit employee on their way' is if they fuck off and fuck up elsewhere and the reference is referred back upon and it's seen that the document has my signature on it....
The only reason I mention it is years ago, a manager who would regularly give verbal warnings, these stand on you record longer than written one. Anything from not hading a report in to a desk to not tucking a shirt in or hair not tied up. Written ones for lateness to absenteeism when call logs weren't checked or leave records were incorrect. Several employees were affected, no one could move or apply for alternative positions. Despite HR overturning most of his actions, they still stayed on records."
That's one shit manager.....And the reason you need robust policies and procedures. Action is normally kept on file between 6 months to a year depending on the level of action.
Safeguarding is crucial and if someone is dismissed or disciplined because of a safegaurding breach then I would not be doing my job by none disclosure....As I said if they fuck off and fuck up elsewhere then it comes back to me. Again a reference can't be misleading or untruthful. |
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"
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place.
This is from ACAS....
A work reference is usually from a current or previous employer. It is sometimes called a factual reference.
Work references can be basic or detailed.
A basic work reference is a short summary of employment. For example, the employee's job title and the dates they worked there.
A detailed work reference can include:
the employee's job title
dates of employment
details about their skills, ability and experience
any current, relevant disciplinary records
the reasons for leaving the job
...
Simply because it can doesn't mean it does or should. It sounds like you're preventing people from moving for sake of disclosing everything when you don't have to put their lifes history into a reference.
If it were a very senior position I might understand it, for the average worker moving up the ladder, it's a bit needless... and if they were that bad, get shut of them
Well I'm in a position of Safegaurding, it's a huge part of my job. So thanks for the input
Safeguarding is nothing to do with references, if they are fucking up that bad safeguarding needs to be enacted they should be fired."
I agree.....they get fired and go for another job. New job wants references....they come to me...
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"I have recently got a new job and told them my notice period is 2 weeks as that’s what I was verbally told by a colleague-it turns out my notice period is 4 weeks.
My start date is in 3 weeks time and I’m getting really stressed about the repercussions of me not working the full 4 weeks. Is anything serious going to happen? Or am I just going to look like an asshole?"
They'd make you redundant tomorrow without a second thought |
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"
Re references, not a bad reference however references are obliged to be fair, accurate and truthful.
When I used to write references I'd literally put dates of employment, termination date, job description and duties, any disciplinary action under 12 months old, sickness records discounting any leave taken for parental duties, maternity leave, and anything relating to any disabilities. And the reasons employee was leaving
Bear in mind some employers do contact old employers sometimes for an 'off the record chat'. I wouldn't disclose information through this channel, but I can't say others wouldn't
I can't believe you'd disclose disciplinaries, even sickness record. Attendance as in lateness give a picture, as does how many years there but if they're that poor an employee why not help them on their way if they are not enjoying it at your place.
This is from ACAS....
A work reference is usually from a current or previous employer. It is sometimes called a factual reference.
Work references can be basic or detailed.
A basic work reference is a short summary of employment. For example, the employee's job title and the dates they worked there.
A detailed work reference can include:
the employee's job title
dates of employment
details about their skills, ability and experience
any current, relevant disciplinary records
the reasons for leaving the job
...
Simply because it can doesn't mean it does or should. It sounds like you're preventing people from moving for sake of disclosing everything when you don't have to put their lifes history into a reference.
If it were a very senior position I might understand it, for the average worker moving up the ladder, it's a bit needless... and if they were that bad, get shut of them
Well I'm in a position of Safegaurding, it's a huge part of my job. So thanks for the input
Safeguarding is nothing to do with references, if they are fucking up that bad safeguarding needs to be enacted they should be fired.
I agree.....they get fired and go for another job. New job wants references....they come to me...
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Ahh, I'd forgotten about that bit.  |
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