Employment Law Advice I currently work in recruitment, I have been offered another position for a competitor which I have accepted, my current notice period is 1 month but know for sure that once I hand in my resignation the MD will tell me to clear my desk immediately at the the risk of me stealing potential business, so I was wondering if id still be entitled to a full months wage as notice was given or if id be entitled to nothing? I've tried calling Citizens Advice but the national & local numbers have been engaged for nearly an hour now:evil: cheers
Can you not just hand your months notice the friday before you start the new job on the Monday? Then when he tells you to clear off your sorted...
read the company policy if it states 1 months notice then they cant get rid of you straight away (unpayed). are you not in a union?
if you've handed your notice in and are willing to work the notice then they will have to pay you. he can't 'sack' you on the spot - it'll be in your contract. he may do, but he'll be in breach of contract and you should be entitled to the money - if they don't pay you, you can take them to a tribunal
My new jobs start date isn't until 20th October, so have to hand my notice in with my current job pretty much immediately incase he makes me work the full 4 weeks notice, on the other hand if I hand it in & he tells me to clear off I need to know im not going to go a full month without wages.
We have a governing body which is the REC but I have to state the company I work for before speaking to an advisor, then they always follow up calls with a confirmation email which could potentially go to my boss or MD.
Re: Employment Law Advice I can answer this one for you as I've been in a similar position. If you hand them your written notice, you are honouring your contract. Whether or not they wish for you to work the months notice, they have to honour their side of the contract too and give you a months pay. I started a job at Siemens in Durham, I'd been there two days when BT offered me a better job on twice the wage. I handed in my notice and the management escorted me from the building on the spot. They tried to fob me off with two day's pay. I took them through their own grievance procedure and I got the full months wage after I showed their HR department that I'd been willing to work the notice period (BT had given me a start date a month ahead of me leaving Siemens for this purpose). Print off two copies of your notice, one for their records, one for yours, get your manager to sign your copy and sign both yourself. If they try to be funny cunts, you produce the second copy, which shows them that you handed in your notice and they acknowledged it. Then you can get the full month wage out of them.
You want to be careful like Proudy as a lot of companies will put a clause in your contract to say that you cant work for a competitor in the same area for x months, to stop you stealing punters. Best to check your contract.
If you are unsure mate. Try giving ACAS a ring. they offer free advice over the phone. used them alot of times
my contract states that if i work for a competior, you are not allowed to contact any customers you have dealt with or have had dealings with at my current company for 6 months after i go to another company, dont really know how they'd keep track of that like but best to check ya contract if ya thinking of contacting some of ya customers where you're at now. if we hand our notice in we either get a months garden leave, or we get stuck doing shitty filing/admin jobs and not allowed any customer contact
If this is the case then the company you are currently employed by have to pay you for that amount of time in your contract, thats what garden leave is.
Hi Gary, I own my own recruitment agency (Ainscow Recruitment Ltd( so can hopefully help. Depending on the length of time you have been with the company, you have to subkit x number of weeks notice. It is then your employers choice wether to continue to allow you to work in the business (actively promoting) or not. If not, then they will put you on a months 'Garden Leave' which to be honest, once you tell him you are going to a competitor, he will do. The only real clause to pay attention to is that of Restrictive Covernance. If you are going to your new employer to work within the same section, unless they have already had any form of dealings / contact with your current clients, then you would be prohibited from contacting them for a period of time (REC standard contracts state 6 month). Message me if you would like any further info, or possibly a counter-offer as I am looking for consultants Paul
A lot of employers do put this in contracts, but is cant stand in court as no one has the right to prevent from earning a living providing it isnt detrimental to your previous employer. I have a letter which I used from this clause to get me out of it should you need it (REC approved)
GARY PROUDS FULL MONTH WAGE IS GOING IN MY BANK ACCOUNT AFTER I CHALLANGE HIS MD TO A DANCE OFF TO PROVE THAT HE CANT DANCE LIKE ME.
