angrynorth

I've been offered a new job and they want me to start straight away, which would mean I would have to waive my notice period.

I've told my employer about this and they have said OK but if I do leave immediately they will not pay me. Can they do this?

I understand they will not want to pay me my notice period without me working it but are they allowed to hold back my wages for the first 2 weeks of this month that I have already worked? They say they can as I am breaking the terms of my contract by not working my notice.

Anyone know for sure?

jasey

Not sure of the legalities - but if I were you I'd just accept it.

They are within their rights to sue you if you break your contract !

A lot of companies wouldn't let you leave just to be ***** !

angrynorth

Thanks Jasey

I don't want to **** them off too much but I've only been here a month, don't need a reference from them and I've been given no work to do since I started (the reason why I am leaving.) So its not the end of the world if they are tossers with me.

They are being a bit arsey but I could do with collecting the 2 weeks I've worked, I'd be happy to drop the notice bit though. You have worried me a bit with the old "they can sue you" bit though

dtriggs

No idea what your contract says but it will usually say what notice you have to give and what employers need to give and accept. The law is generally on your side. Arent you on a probation period anyway, where they can get rid of you and vice versa with short notice ?

If you break the contract then of course they can do it, but if they are happy for you not to work the notice they cannot have it both ways. Sounds like a bit of careful reading and then a freindly discussion may be the best way to resolve it.

Drunken Bungle Whore

I'd be amazed if you were on anything more than a weeks notice either way during your probabtion period - surely your new place can wait that long...?

They really should pay you for what you've worked - but if they don't the only way to get it would be through the small claims court which would take you ages and cost you more than you'd get back (unless you're on a seriously big salary). And technically you are in breach of contract.

If you hate it that much walk and start your new job. Otherwise work your notice and get paid.

SD

There is no 'law' that supports an employer to withhold wages for hours worked, irrespective of the circumstances of an individuals departure. There is also case law that has been tested to support the notion that if you have another job to go to you can't be held to your notice period. I'm no lawyer, but the inference is that to make you work your notice would effectively deprive you of employment (if your new place of work only want you if you can start straight away).

Bottom line is, breach of contract my ****. An employer can't just withold wages just because they feel like it. If you want a reference it's obviously a different matter but if you don't care about that you could always ask them if they want to test their theory in court.

Simon

SCOsazOBY

Ring ACAS 08457 47 47 47, they can answer all your employment questions, they also have a website