Resigning tomorrow... help!

whiskeyman

Hi,

I'm basically being screwed at work and am nearly being forced to hand in my notice tomorrow. (long story... I'll spare you it)
My contract states I have to give 4 week notice, but I only want to give one.
I believe this is my statutory requirement?
If I only give one, will I lose my holiday pay?
May I just as well walk out the door tomrrow as staying on an additional week?
(By the way, these guys dont give references for legal reasons, so I dont have to worry about that).

I'm currently typing up my notice now, so any info / experiences would be very much appreciated.

Thanks a mil

chump

My understanding is, if your hand is being forced, give them the contractual 4 weeks notice and they'll pay you this 4 weeks without you being in, just to stop you nicking clients or pens...

If, on the other hand, you literally can't stand the place and want to walk out in 1 week, they may well agree to this, but I believe they could (contractually) make you work the extra 3 weeks or charge you for a replacement etc. etc... although I doubt this ever happens...

whiskeyman

chump wrote:

My understanding is, if your hand is being forced, give them the contractual 4 weeks notice and they'll pay you this 4 weeks without you being in, just to stop you nicking clients or pens...

If, on the other hand, you literally can't stand the place and want to walk out in 1 week, they may well agree to this, but I believe they could (contractually) make you work the extra 3 weeks or charge you for a replacement etc. etc... although I doubt this ever happens...

yeah - just after seeing a template on i-resign.
I'll offer them the full 4 weeks, but say I want to leave at an earlier date to take up employment elsewhere.
I'll assure them I'm handover all duties and all should be ok.
I just hope they accept it... last thing I want is for them to screw me one more time and do me out of my holiday pay (which has built up big time!)

thanks for ur help mate.

0utshined

How much holiday time are we talking about? Could you not use the holiday days up? E.G. 4 weeks notice but three of those as holidays so in effect you are leaving in a week.

drdre

man good luck with ur situation:rolleyes:

whiskeyman

0utshined wrote:

How much holiday time are we talking about? Could you not use the holiday days up? E.G. 4 weeks notice but three of those as holidays so in effect you are leaving in a week.

Yeah, I'd love that too but holidays have to be taken in agreement with both employee and employer.
Once I hand in notice, they wouldnt let me take the holidays.
I think I have everything covered now.

Thanks for your advice... and thanks for the support drdre.
I just cant believe what a bunch of incompetent fools I've been working for over the past while. On to better things I say....

AARRRGH

If your contract says 4 weeks, that overrides your statutory notice. They can "force" you to work the 4 weeks. Obviously you can walk out or get the doctor to say you have to leave cause you're stressed or whatever, but technically they have the upper hand.

Without more details it's hard to give advice!!

(note: I do all the HR stuff for the company I work for.)

RicardoSmith

Been there in the past. Best move is to leave as soon as possible, but make sure you fullfill your legal obligations. You are obliged to do whats in your contract, alternatively you can come to an agreement. But I think you know this. Good luck with it.

whiskeyman

dublindude wrote:

If your contract says 4 weeks, that overrides your statutory notice. They can "force" you to work the 4 weeks. Obviously you can walk out or get the doctor to say you have to leave cause you're stressed or whatever, but technically they have the upper hand.

Without more details it's hard to give advice!!

(note: I do all the HR stuff for the company I work for.)

hmm , thats what I was afraid of.
I supposed they'd do such a thing in order to get a replacement.
Thing is, I'm training in a replacement now as I was supposed to take up a new role next week.
I'm resigning as I do not want this role (long story...) and my current role is not a challenge / no reward / other story...
Hopefully they'll agree that I'll training in the guy, and then they'll just have to get someone else on to the role I was intented to be thrown in.

I guess it comes down to the specific nature of each case... but these guys are just so incompetent and untrustworthy, its hard to tell what I'm going to expect. They've made the past few months a misery for me. I only wish I'd resigned sooner.

thanks for the advice though dublindude.

MrPudding

whiskeyman wrote:

They've made the past few months a misery for me. I only wish I'd resigned sooner.

Are we talking constructive dismissal or is it just a sh1t place to work?

MrP

whiskeyman

MrPudding wrote:

Are we talking constructive dismissal or is it just a sh1t place to work?

MrP

terrible place to work.
Believe me, I've done all (and way more) required of me in my role.

stopper

When you are leaving try and get your P45 from them.

They may delay giving it back to you just to cause you more grief and you'll end up paying emergency tax once you start working again.

whiskeyman

Well, I did it.
Handed it in and I'm breathing a sigh of relief.
My MD sent me details of a new financial package and role this morning and it was just a joke. I printed my resignation straight away and sent it to head office.
He only confirmed by email at 4pm that be received and he accepted it.... nothing else.
My department boss was out (playing golf) in the morning, and my MD phoned him and told him. He was supposed to be in after lunch, but he went home sick!
He never even rang me to discuss my decision (we work in a close knit team of 4). I have nothing but pure contempt for these people and the company I work for now, especially after all the work I've done for them.

By the way, my MD offered me a (slight) pay increase based solely on what work I'd done and not on the new role I was offered. He said the new role was a more senior role, but he refused to say the increase was for the role.
Surely he should have given me a bonus for work done and increase for new role? At one point he stopped using the word "role" and said "challenge" to try and wriggle out of the fact it meant changing my contract.

Anyway, this was one of points of many... not giving access to pension (which they are legally required to do)... refusing to accept the new role meant my contract had to change... not understanding why I wanted things in writing... no benefits at all or recognition for work done (all we get is a monthly wage)... screwing up my pay / taxing me wrong (still!! after a year!!)

By the way.. the MD was controlling all the HR functions. We have no HR department and the company has over 60 employees!

Thank god its over.. sorry for the rant, but I'd just thought some of you might want to know what other companies are like. This is probably the leading company in its field in Ireland by the way!! Incredible... (I only stayed for the experience I got working with my client by the way. I knew that was invaluable and I should have no trouble getting a much better job )

I hope none of you have to go through anything similar.

RicardoSmith

We have a phrase for this, "Cowboy Capitalisim". Its rife in Ireland.

whiskeyman

RicardoSmith wrote:

We have a phrase for this, "Cowboy Capitalisim". Its rife in Ireland.

Yup, you hit the nail on the head there.
Everyone I've told my issues to have said "yer boss sounds like a mad Cowboy to me".... and its too true.
Unfortunately for him, I know my employment law and my rights, and I wasnt going to stand to be treated so poorly. I was the only person to ever address all these issues with him.. all the other staff just kept shut and never asked questions. Unbelieveable.
I'm tempted to email our parent company in the UK detailing all the offences and explaining that I had no other choice but to hand in my resignation.... basically act as a whistle blower. I wonder if anyone else has done this?
This means going over the Irish MDs head straight to the UK.
I dont think I've anything to lose.
What'll I gain? Well, I've made some really good friendships there, and I dont want them to follow my route.

RicardoSmith

You'll gain nothing I'd expect. That attitude if it exists usually runs through a company. If there were checks and balances in the system as part of company policy the Irish operation simply couldn't ignore it. Always leave on good terms with everyone. You never know the guy you hate, may be useful in the future. Don't burn your bridges.

AARRRGH

Get a written reference before you do anything!

I've been in your position before. I think you'll find the parent company won't give a **** - company ethics come tend to come from the top down. Just look at Ryanair.

Best of luck.

Zaph

whiskeyman wrote:

Anyway, this was one of points of many... not giving access to pension (which they are legally required to do

Interestingly enough, the Irish Times reported today that three companies had been prosecuted for this very thing. I'm sure the Pensions Board would love to get an ananymous tip-off...

I have to say fair play to you for getting up off your arse and doing something about your situation. You can be sure that plenty of the other 60 guys there feel the same way you do and will just moan to anyone who listens while accepting whatever crap is thrown at them. Hope the next job turns out better for you.

whiskeyman

thanks people.
I doubt they'll give me a reference. All I can expect is acknowledgement that I worked in the place. I may even get a real reference from the client I worked with.
I suppose approaching the parent company is useless... I just need to get closure myself by putting this company behind me and make sure my back-pay / pay in lieu is all correct.
Anyway (get this)... I phoned up to give my user ID / passwords to my colleagues this morning and it turns out they've locked my user ID!!
It just goes on and on....

AARRRGH

On the username/password front I know exactly how you feel!

I worked as a software developer for a company for two years - took a reduction in pay and the risk of not benig paid for about 6 months (the company had money problems.) One day they fired me (long story, but basically my motivation was zero - working for free - and they wanted to make me redundant for free.)

They took my keys off me and told me if I ever come near the office they will call the police.

WTF...?

It's amazing how companies turn on "ex-employees". Kind of like breaking up I suppose...

nesf

whiskeyman wrote:

thanks people.
I doubt they'll give me a reference. All I can expect is acknowledgement that I worked in the place. I may even get a real reference from the client I worked with.
I suppose approaching the parent company is useless... I just need to get closure myself by putting this company behind me and make sure my back-pay / pay in lieu is all correct.
Anyway (get this)... I phoned up to give my user ID / passwords to my colleagues this morning and it turns out they've locked my user ID!!
It just goes on and on....

Best to just ignore it mate.

You've gotten out of there. Forget about it and enjoy the fact you'll not be subjected to that **** again.

It's not a good idea to dwell on it. Maybe a good anecdote or two for regaling people with about how bad a place it was (don't ever mention the companies name). But dwelling on it will just make you feel ****ty tbh.

As you said yourself, get closure and move on. Only thing to do tbh.

Hope your next workplace is a big improvement mate