How soon can I leave?

Cerocco · 13-04-2015 2:50pm #1

I'm covering a maternity leave in a sales job, 6 mth contract. The contract States I have to give a months notice but I've read that if you are with a company for less than a year you only have to give a weeks notice. I'd like to go ASAP as I've gotten a new job. I'm 4 months into the contract. Anyone know where I stand legally, is the contract binding to the month? Thanks

Stheno · 13-04-2015 2:51pm

They can insist you work the month

theenergy · 13-04-2015 2:52pm

1 week notice of leave is suffice.

HR contract not that legally binding.

messrs · 13-04-2015 2:53pm

have you signed a 6 month contract? what does it say in it? I know when I started in my job it specified that 1 months notice was required, however either party could end the agreement with 1 weeks notice if it was within the first 6 months

Cerocco · 13-04-2015 2:59pm

Yep it's a 6 mth contract that stated I have to give 1 months notice

theenergy · 13-04-2015 3:00pm

talking from personal experience go to them with a 1 weeks notice and see there reaction

daheff · 13-04-2015 3:08pm

Do you need a reference off them?

If you don't then I'd tell them I'm giving them a weeks notice. I'm sure when you explain to them that you have a permanent role lined up they'll understand (mightn't be happy about the lack of notice, but understand).

You might be able to do a deal with them to give 2 weeks and give the new employer a start date after that. Try to be reasonable and leave on good terms...

but.....Worst case if they demand you give a months notice then give them the month. Nothing to stop you calling in sick for the last 3 weeks of it :pac: (you wont get paid for it or get a reference though!)

The Veteran · 13-04-2015 9:15pm

I love the comment ... HR contract not that legally binding. The contract is binding, the real question is will either party seek to enforce it and if you breach it by walking out what can the other party do ... Of course they can sue but for what? Technically they could sue for the sales lost in the period but they won't! As other posters have said, you may not get paid nor get a reference but equally so what if you are happy you need neither. That said, you will have accrued holiday entitlements unless you have already taken them which can be used to shorten the amount of time you need to continue showing up for work.

How soon can I leave?

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