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Quitting Work/Notice Period Question

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Benson_JV
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PostPosted: 18:10 - 16 Sep 2011    Post subject: Quitting Work/Notice Period Question Reply with quote

Greetings all.
So tomorrow I'm quitting sainsburys as it's basically soul destroying.
I have a new job lined up for monday and I'm not working my notice period at sainsburys which is four weeks.

What is the comeback of this?
I know they can refuse to write a reference (I heard it's illegal to write a bad one?) but is there anything else they can do?
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Adam.I
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PostPosted: 18:36 - 16 Sep 2011    Post subject: Reply with quote

It is a possibility that you can be sued for breach of contract but this is exceptionally rare - however, it is still a possibility.
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swampy
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PostPosted: 19:06 - 16 Sep 2011    Post subject: Reply with quote

I guess they could withhold any outstanding wages, but doubt they would...
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duhawkz
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PostPosted: 20:04 - 16 Sep 2011    Post subject: Reply with quote

what adam.i said, its very unlikely but it they could sue.

also writing a bad reference might be illeagal but to your new place them refusing to give you one could be seen as a bad one.

If you speak with your hr department or your manager they may be willing to let you out of your notice period, its not in there best interest to keep you there if you think about it as for the next X weeks you'll be on wind down and be tossing it off for most of it.

i know people who have had to give 12weeks and had it cut to 4 so its worth a try for nowt surely
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flat spot
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PostPosted: 20:23 - 16 Sep 2011    Post subject: Reply with quote

They can withold any holiday pay accrued, but that's about it.
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Benson_JV
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PostPosted: 21:49 - 16 Sep 2011    Post subject: Reply with quote

I'm going to have a chat with the store manager but ultimately, I won't be working anymore there.
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Rogerborg
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PostPosted: 22:19 - 16 Sep 2011    Post subject: Reply with quote

Where's this idea coming from that it's "illegal" to give a bad reference? Nothing prevents you from expressing a bad opinion of someone, and even English libel law will find in your favour if you can support them with evidence. It's mealy mouthed corporate lawyers that have decided that companies will now confirm nothing beyond dates of service.

Aaaaanyway. Try not to burn any bridges, but don't sweat it. You won't be the first or last to just not show up again.
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Benson_JV
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PostPosted: 22:56 - 16 Sep 2011    Post subject: Reply with quote

Rogerborg wrote:
Where's this idea coming from that it's "illegal" to give a bad reference? Nothing prevents you from expressing a bad opinion of someone, and even English libel law will find in your favour if you can support them with evidence. It's mealy mouthed corporate lawyers that have decided that companies will now confirm nothing beyond dates of service.

Aaaaanyway. Try not to burn any bridges, but don't sweat it. You won't be the first or last to just not show up again.


Dunno, just something I heard several different people say...Bridges were burnt a while ago...me and the store manager don't exactly get on very well. But I'll be as polite as I can...
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Rogerborg
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PostPosted: 23:06 - 16 Sep 2011    Post subject: Reply with quote

Well, if you leave any turds on desks, be sure they're not yours. Wink
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Benson_JV
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PostPosted: 23:09 - 16 Sep 2011    Post subject: Reply with quote

Laughing Laughing
I heard rumours that the store manager was looking for reasons to get rid of me anyway. But I can imagine him getting really upity when he realises I'm not working tomorrow, or hte next four weeks.
Just don't want him to ruin my chance of the job I'm going onto.
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yambabe
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PostPosted: 23:18 - 16 Sep 2011    Post subject: Reply with quote

swampy wrote:
I guess they could withhold any outstanding wages, but doubt they would...


flat spot wrote:
They can withold any holiday pay accrued, but that's about it.


Both wrong. They cannot withold any pay for time you have actually worked, and they cannot withold accrued holiday pay.

If you are in a business-sensitive or very specialised role they would be likely to sue you for breach of contract and they would be entitled to recoup the costs of bringing someone else in to cover for you for what would have been your notice period.

As a shelf-monkey in Sainsburys they will probably just mutter about it and then get on with their lives.

Bit crap of you to shit on your (former) work collagues like that though. You may not like the management much but it's not them who are going to have to cover your rota'd hours is it? Confused

Re references it isn't illegal to give a bad reference but you can sue for negligent mis-statement if a reference is provided which is untrue or misleading.
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Benson_JV
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PostPosted: 23:25 - 16 Sep 2011    Post subject: Reply with quote

Cheers Yambabe, most informative.
Re the shitting on colleagues.
All but a small handful of friends have left and they've roped in new people, why? Because the store manager was a complete shit. The people that are left want more hours but are being refused by the boss becuase of having to make cut backs. So it'll be giving them the hours they actually want, plus it wasn't that many I worked in the first place.
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ajbsmirnoff
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PostPosted: 23:29 - 16 Sep 2011    Post subject: Reply with quote

Benson_JV wrote:
Just don't want him to ruin my chance of the job I'm going onto.


Unless the new employer doesn't want references, then be as nice and professional as you can be to the old employer as you can.

Living well is the best revenge.
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Mondeo Man
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PostPosted: 08:00 - 17 Sep 2011    Post subject: Reply with quote

If your new job starts Monday, tehn you've no choice. Put something in writing, polite and diplomatic, and serve it to your boss.

You should never leave any job on bad terms if you can avoid it. You might find yourself, for example, applying for a job in the future where they insist of checking all previous employers for the last x years, etc. eg police, etc.

"He left without serving his notice, but I understand he had a job offer he couldn't refuse, and he explained this professionaly to me..."

Better than " He called us all cunts, squated and shat on the bosses desk, and disappeared..."
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lukas222
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PostPosted: 09:28 - 17 Sep 2011    Post subject: Reply with quote

I guess they could withhold any outstanding wages too Surprised https://www.imgquick.com/images/43.gif
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yambabe
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PostPosted: 09:50 - 17 Sep 2011    Post subject: Reply with quote

lukas222 wrote:
I guess they could withhold any outstanding wages too Surprised https://www.imgquick.com/images/43.gif


Rolling Eyes

You guess wrong. I know they can't........
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Imonster
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PostPosted: 10:16 - 17 Sep 2011    Post subject: Reply with quote

The last time I was in a situation like that a few years ago, I handed written notice and then called in sick every day for the next month. I suspect that there could have been some comeback if they wanted to push it, though they never did.

My excuses were getting ridiculous by week 3 of it Mr. Green
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Kris
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PostPosted: 10:36 - 17 Sep 2011    Post subject: Reply with quote

Big corporations will never write a bad reference these days, they will either refuse or just write a sentence that confirms you worked for them between the dates of x and y.

If you have the ear of a friendly manager then use it. Much better telling them the truth than suddenly not showing up anymore which raises suspicions slightly...

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stinkwheel
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PostPosted: 11:13 - 17 Sep 2011    Post subject: Reply with quote

I've written a bad reference. A real stinker.

Along the lines of:

Dear Sir,

Miss I worked for our company between the dates of X and Y. She left our employment having been dismissed for gross misconduct, after being caught on CCTV stealing a three figure sum of cash from the daily banking. It was not deemed to be in the companies best interests to persue the matter further in court. She is a thief and I would not recommend employing her in a position of trust.

Should you wish to discuss this matter further, please feel free to contact me by telephone.

Probably wasn't the best idea to put me down as a reference really but she was particularly dense.
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Benson_JV
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PostPosted: 11:17 - 17 Sep 2011    Post subject: Reply with quote

Well shit. Laughing

I haven't done anything wrong really, He just doesn't like me! Then again we've had about 7 people hand in their notice in the last 3-4 weeks so that sort of tells you about him...hopefully the store will get investigated soon and they'll find all the shit that goes on Laughing
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Benson_JV
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PostPosted: 13:59 - 17 Sep 2011    Post subject: Reply with quote

Well he didn't take too kindly to that...apparently he'd already wrote me a bad rerference...cunt.
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-LG-
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PostPosted: 15:37 - 17 Sep 2011    Post subject: Reply with quote

Benson_JV wrote:
Well he didn't take too kindly to that...apparently he'd already wrote me a bad rerference...cunt.


Is it possible to see the reference? If its wrong, I would be tempted just to get him into the shit by complaining to head office about him.
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Benson_JV
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PostPosted: 17:32 - 17 Sep 2011    Post subject: Reply with quote

I believe under the data protection act I'm entitled to see the reference. I'll have an ask about it at work on monday.
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Ariel Badger
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PostPosted: 22:39 - 17 Sep 2011    Post subject: Reply with quote

Prepare to rip him to shreds in court for definition.
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swampy
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PostPosted: 22:47 - 17 Sep 2011    Post subject: Reply with quote

Ariel Badger wrote:
Prepare to rip him to shreds in court for definition.


*Defamation...
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