Advice on notice period

Discussion in 'Jobs (Discussion)' started by yorkie79, May 20, 2011.

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  1. Hello all

    Need some help please, I recently was approached by a rival company and offered a position with them, was really impressed etc so accepted and handed my notice in.
    Havin almost completed my notice (was due to finish Monday 23rd), my current employer came to me with a counter offer which may be just as good as what the new employer offered if I trust them to come up with the goods when the time comes. This new offer also came with a time limit, 1hour. Under some pressure I agreed to stay with my current employer however I now know I have made a massive mistake and want to leave them.
    I have retracted my resigination with my current employer, my question is were do I stand legally when it comes to telling them I have a changed my mind and still want to leave?

  2. did you sign anything? In any case 1 hour is far too short a time.
  3. The new agreement isn't worth the paper it is written on because of A) duress(An hour to consider and B) Uncertainty "trust them to come up with the goods when the time comes"

    TBH They sound like a gang of bums and you are better off out of there.
  4. Didnt sign anything from them however I did write a letter retracting my resignation
  5. Well write a letter retracting your retraction then.
  6. If it were the other way round you'd be dropped like a sack of shit.

    Look after number one and go where you feel is best.

    Re-hand your notice in with continuation of the original terms citing 'duress' for the retraction.
    If they give you any jip...tell them to give their head a wobble, politely

    Best to keep things rosy because the grass aint always greener and all that crap...
  7. Wot Pebs said.
  8. TBH eodmatt somebody else said the same, I didnt want to leave under bad terms however it seems like im going to have to in order to leave.

    Shittypants there is no paper, they have not given me anything in writing to confirm what they have offered or what they expect from me in the future with regards to job role/title.

    I had a sinking feeling all afternoon which just got worse and worse, once I told the person who offered me the job he couldnt believe it and wants me to meet him in the morning to discuss things further.
    I feel like just quitting come Monday but I dont know what the legal position would be as my contract does state 4 weeks notice is required.

    Thanks again

  9. Thanks mate, can you explain the bold in further detail
  10. What is likely to happen is that once you retract your retraction, you will be asked to leave immediately - but they have to pay you for the full notice period.
  11. So i could get paid for another 4 weeks?
  12. Unlikely. I just re read your original post and realised that you had already done the notice. I doubt if they would make you do another month.
  13. Forgive me if Im being a mong but bear with me,

    So basically, I go into work on Monday with a letter stating I retract my letter of retraction stating the offer was accepted under duress and wish my original notice period to be honoured by the company therefore allowing me to leave Monday 23rd. Thanking them for everything etc etc

  14. You can leave any time you wish. You are not a slave or an old-fashioned indentured apprentice. If your present employer thinks you are possibly worth more now when put to the test then why weren't you paid that in the first place?

    Leaving without the usual formal notice might prompt your ex-employer to be difficult about outstanding remuneration and holiday pay. However nothing in law permits (except in some complicated contracts) an employer to "fine" someone by withholding any part of wages or salary as a penalty for short notice. A reference might be difficult however.

    Do not involve your new employer. It may unsettle them and create other problems or even cause a withdrawal of the offer. Keep it all to yourself and avoid involving others at work ( in either employment).

    The 1 hour stipulation would have made my mind up. A decent employer would have taken a more benevolent approach. It sounds like bullying from someone who is thinking only of the cost of replacing you. I would feel that there is little concern for my career, welfare, or past efficiency if this happened to me. (not of course that many modern companies think that way nowadays - ethics is a foreign word to most of them).
  15. Yep.

    Ten letters.