Rave.ef Registered User
#1

Hi sorry for the long post just a bita background to the situation and looking for little advice. Iv handed in my notice giving my boss about 3 and a half weeks. Iv never had a contract so no minimum requirements as far as I'm aware. My new job is to start first week of March Monday the sixth was the agreement. But now they are looking for me sooner if possible but at the same time understand if I can't. The thing is my employer hasn't really spoken to me since, it's a small work environment, boss myself, young lad and a part timer so it's gona be a long two weeks that Iv left. I know we're gona part on bad terms on the boss's part and i don't think il be asking for a reference in the future even tho Iv been here over seven years. He is a little childish and is acting like a spoiled child since I told him I'm leaving.
Apart from a moral point of view what would be the result of leaving earlier than planed. The new job is whit an extended family member so I wouldn't be too worried about the whole looking bad to the new employer.
Any advice is greatly appreciated.

ibarelycare Hosted Moderator
#2

If you don't have an employment contract or written terms of employment then you only have to give him minimum one weeks' notice by law.

He can't withhold pay (including holiday pay accrued at your date of leaving) or a P45. The only thing he can do is refuse to give you a reference and, since you're not bothered about that, then you've nothing to worry about.

Xterminator Registered User
#3

Hi

Did your quitting place your current employer in a difficult position, or can they carry one without you with little or no disruption?

if you think there is very little disruption you could sit down with boss and ask if he can allow you to finish sooner. If it will disrupt his business then no, suck it up.

PS when your contract doesn't specify notice period, then its usually the pay cycle, eg, if your paid weekly then you give a week's notice, if it's a month you give a month.

toadfly Registered User
#4

Xterminator said:
PS when your contract doesn't specify notice period, then its usually the pay cycle, eg, if your paid weekly then you give a week's notice, if it's a month you give a month.


No its not. Its one week regardless of how long you worked there or when you get paid, once its not in the contract.

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Rave.ef Registered User
#5

A lot of the work load falls on me alright but I have been training the other lad for the past few weeks so he can take over the invoices and account side of the work. It's a tyre depot so it's not a huge undertaking on the office side. The problem is the boss dosnt want to work even tho I did let him know last August I was looking for another job.

How do you mean holiday pay accrued at date of leaving. I shoulda booked two weeks off and given two weeks notice on day of holidays

ibarelycare Hosted Moderator
#6

Rave.ef said:


How do you mean holiday pay accrued at date of leaving. I shoulda booked two weeks off and given two weeks notice on day of holidays


Well if you're leaving on the 6th March and you haven't taken any holidays this year then you'll be owed the holidays that will have accrued up to that date. So if you're on 20 days holidays a year and you're leaving on 6th March, you'll be due roughly 3.5/4 days' holidays on your termination.

Dial Hard Registered User
#7

Rave.ef
How do you mean holiday pay accrued at date of leaving. I shoulda booked two weeks off and given two weeks notice on day of holidays


If you get 20 days holidays a year you'd have accrued about 3.5 days to the end of Feb (presuming a Jan - Dec holiday year). If you haven't taken any days yet then you're entitled to be paid for these in your last paycheck.

If you'd booked two weeks holidays and used these in lieu of notice then he'd have been docking money out of your last paycheck .

Rave.ef Registered User
#8

when iv no contract I couldn't see that working that way. Besides we only get one week off a year and are expected to work minimum 56 hours a week 6 days. I know totally illegal and that's the biggest reason for leaving

Dial Hard Registered User
#9

Rave.ef
when iv no contract I couldn't see that working that way. Besides we only get one week off a year and are expected to work minimum 56 hours a week 6 days. I know totally illegal and that's the biggest reason for leaving


If that's true then I'd be telling him I'm finishing up today and wouldn't waste a single moment worrying about how he's going to take it.

I'd also be reporting him to NERA for those employment practices. Completely inexcusable.

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ibarelycare Hosted Moderator
#10

Rave.ef said:
when iv no contract I couldn't see that working that way. Besides we only get one week off a year and are expected to work minimum 56 hours a week 6 days. I know totally illegal and that's the biggest reason for leaving


Wow...how have you stuck it out that long? You're entitled to those holidays by law, you don't need a contract. You should get onto the WRC.

Patww79 Registered User
#11

When they work you like that, won't give you a contract, won't give you enough holidays, and act like a child when you're leaving then the only question to ask is why you're still there at all.

3 people have thanked this post
AlanG Registered User
#12

Normally i would say work out your notice but in your case it sounds like you are unlikely to get your holiday pay. Once you get your next pay walk away.

Neon_Lights Registered User
#13

Who's pushing? The recruiters or the employer? Made this mistake in my current job, recruiters only push you so they can get paid as soon as possible. Take your time, the employer generally would understand that things take a few weeks.

Rave.ef Registered User
#14

What kept me here was I got kinda stuck in a rut and the security of a wage coming in but now it's time to take a leap of fate and try working to live instead of the other way around. I often thought of reporting the situation but alway think I'd get no luck for it

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Bandana boy Registered User
#15

I would hold fire on the storming off into the sunset
7 years on your CV is a long time to have no reference for
While he is acting a petulantly now , I suspect he will calm down and in a year or two might be a great reference for you.
If you agreed March 6th then I would honor it .
If the atmosphere starts to get you down just remember its nearly over and no point compromising your ethics for him .

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