Legal advice

Discussion in 'Join the Army - Regular Soldier Recruitment' started by Mellowcat, Jan 19, 2011.

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  1. Hello all, not sure if this is the right place to post, so apologies if it isn't. I've just got my date for phase 1, sort of a last minute thing and I start in a weeks time.
    I told my boss at work and he told me I can't go because I have signed a contract stating that I must give a minimum of 4 weeks notice before I leave. It also states in the contract, that during my employment i will not engage in or be interested in any other business or occupation whatsoever!
    I know am an idiot for signing it, but I had no choice at the time if i wanted the job. If for example I just handed in my letter of resignation and went in the army, would they be able to drag me out and take me to court? Everyones telling me its no big deal, and the company are just trying to scare me out of leaving them.
    The thing that annoys me is the fact the contract I have signed is for a 12 month probationary period, and they can sack me at any time! I know you guys are not solicitors, but would like to know your views on this. Shall I just go for it? Thanks.
     
  2. Just tell him the Queen outranks him and to shut up.
     
  3. How important of an employee are you?
    Surely if your at the bottom of the chain, it's gonna cost your gaffer enough to take you to court.
    I'd have thought all he'd do was give you a bad reference but that makes eff all difference now.
     
  4. I can't remember any of my jobs that I gave in a notice mate, I just told them there and then and nothing was said, you are going on to bigger and better things and I think your ****** boss is just trying to scare you. If they do try to take you to court I'm sure the judge will look after you, I was told by a Maj once when I was OTC that we always look after our own. I can't offer any legal advice but's that what I would do. There is a legal advice thread thing knocking about here, it might be in beside professionally qualified, I can't remember but good look with basic and think of some sort of way to rub it in your bosses face ;-)

    Paddington

    Edited to add link - Law

    If it really is bothering you mate, ask in here ;-)
     
  5. Just leave, write off any money/wages due and get on with your career. Dont hang about in a dead end job and miss this oppertunity.
     
  6. just wait till when you want to leave give him a face full of abuse commit some gross misconduct to get your self sacked on the spot, you dont work your notice they have to pay you for what you have worked every ones a winner
     
  7. This is not legal advice, but the most your employer could do is sue you for damages for his actual loss caused by your leaving on less than the agreed period of notice. He cannot force you to stay until the 4 weeks is up. The minimum statutory period of notice, incidentally, is one week but the contract of employment can impose a longer period.

    I have some sympathy for an employer in this situation where the employee is leaving on less than the agreed period of notice. He may be more cooperative if you manage to convince him that you are taking up an opportunity which you did not expect in this timescale and that you had no intention of taking unfair advantage. Good luck!

    More on this: your rights: What notice of termination of employment do I have to give my employer if I want to leave? - from workSMART.org.uk
     
  8. I would say reread your contract, checked mine and it states how much notice but there is a clause in there that also states when in probation period both me or my employer can give 1 weeks notice .. may be the same for you ..
     
  9. With regards to this, IIRC there's paragraph in the Human Rights Act which states anyone currently in employment has the right to seek employment elsewhere, something footballers were arguing when they were tied into their contracts.

    Most likely they'll just sting you for some of your wages
     
  10. Thanks for the replies. I am currently in a probationary period of twelve months, with two reviews which i must pass in order to keep the job. It would take them less than a week to get someone to replace me, so the cost would be minimal.
    If i were taken to court while I was in the army, would the army not kick me out due to the court case? That is my biggest fear, i couldn't care less otherwise.
     
  11. You will not end up in court. Full stop. This just some jumped up 'wanna be' who is jealous. If they have the right to give you one weeks notice, then you are only required to give them the same.

    If your immediate line manager is being unreasonable, put your resignation notice in writing, in it inform them that you will be leaving forthwith and see how much of a reaction that gets. You don't say how big your firm is. If big enough for an HR Dept address the letter to them or your bosses immediate line manager.

    Never fails. Queen's duty trump's all other employment. Good luck with basic.
     
  12. Call him a **** at lunch time to his face in front of everyone and make sure the whole building hears and he has NO CHOICE but to sack you! take the advice given above and you'll get your wages and as the man says everyones a winner! :excited:
     

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  13. I think if I were in your shoes, I would ask for an interview with the boss, then politely and calmly apologise for the inconvenience etc. telling him that you always had this urge to join the forces, a family tradition etc.

    Tell him that you are quite willing to remain in loyal employment with him until either your join up date or he finds a replacement, whichever is first.


    Regardles of the result, you will know there and then were you stand and can at least join up with no worries about an impending court case, which probably would not happen anyway.
     
  14. I say just call him a ****
     
  15. You are not commiting any criminal offence so army should not be that intrested, they would only have a problem if as a result of you leaving current employer without notice and you owed them money then there would be a debt issue, as for taking you to court that would be up to HR dept to make that decision not your Manager (unless he owned company) it would cost thenm more to take you to court than the cost of replacing you so would not be likely have you been to citizens advice bureau they have good knowledge of employment law