Employment law?

[Winkle]

I am just wondering if anyone on here can help me! I am currently working as a contractor and within my current contract it states that I would have to give one calender months notice period if I wanted to leave but my employer can get rid of me with one weeks notice. My problem is that I have been offered a job working self employed by a company and they are keen for me to start more or less straight away. I know if I asked to leave there would be no way they would let me go as They have no one to replace me. There is to much politics involved and I feel my only option is to just hand a letter in on my last day next week saying I would not be returning giving up my holiday pay and weeks in hand. If I was to do this could they take me to court for compensation?
Any help would be grateful

 

[loz]

a ginger centre midfielder writes:

"Not a problem mate- fake some injuries and claim to be 'in the wrong frame of mind' until your current employer loses patience and is happy to get shot of you (making sure they still have to pay you off, natch). Remember to tell all your new workmates how delighted you are to be there, and you'll be the bosses favourite in no time! Repeat every 18 months or so for maximum financial gain and moral poverty"

 

[davewebbsbrain]

I am just wondering if anyone on here can help me! I am currently working as a contractor and within my current contract it states that I would have to give one calender months notice period if I wanted to leave but my employer can get rid of me with one weeks notice. My problem is that I have been offered a job working self employed by a company and they are keen for me to start more or less straight away. I know if I asked to leave there would be no way they would let me go as They have no one to replace me. There is to much politics involved and I feel my only option is to just hand a letter in on my last day next week saying I would not be returning giving up my holiday pay and weeks in hand. If I was to do this could they take me to court for compensation?
Any help would be grateful

Just leave fella, as long as they have not paid you more than the time you have worked, they don't really stand a chance and they probably won't be bothered..you are only a contractor after all!!

 

[Mad Cyril]

I am just wondering if anyone on here can help me! I am currently working as a contractor and within my current contract it states that I would have to give one calender months notice period if I wanted to leave but my employer can get rid of me with one weeks notice. My problem is that I have been offered a job working self employed by a company and they are keen for me to start more or less straight away. I know if I asked to leave there would be no way they would let me go as They have no one to replace me. There is to much politics involved and I feel my only option is to just hand a letter in on my last day next week saying I would not be returning giving up my holiday pay and weeks in hand. If I was to do this could they take me to court for compensation?
Any help would be grateful

I work with lots of contractors.

Apart from moaning about the government and discussing which light aircraft they fly/own they have informed me that you never ever burn your bridges when leaving an employer because you never know if you may need to return one day.

Discuss your notice period with your new employer. If they really want you they will wait.

 

[steveo]

you never ever burn your bridges when leaving an employer because you never know if you may need to return one day.

Wise words Cyril, along the lines of be careful who you meet on the way up, because you might well meet them on the way down as well.

Most people are reasonable, talk to them. If you dont talk to them , they dont have a chance to be reasonable. Maybe you could compromise and split the time difference with a bit of negotiation with both the new and the old people.

 

[colonelnutter]

Strictly speaking they can sue you for breach of contract if you leave before the end of the notice period, but they would have to take you to the small claims court and it is unlikely to be worth their while. However they will not be happy if you just walk and if you are hoping for a reference now or in the future then you need to be careful. This is particularly so if you are now trying to go self employed - you never know who you might be pitching to in the future and a lot more organisations are operating on word of mouth rather than written references, so it would only take a question of reliability/trustworthiness to be quietly raised to cause you problems in the future.

It is always best to leave on reasonable terms, so unless you think there is no chance, try to negotiate an earlier exit - say two weeks - saying you want to ensure you have tidied up any loose ends. That usually plays well with a new employer too as it shows you are not just interested in yourself.

I am just wondering if anyone on here can help me! I am currently working as a contractor and within my current contract it states that I would have to give one calender months notice period if I wanted to leave but my employer can get rid of me with one weeks notice. My problem is that I have been offered a job working self employed by a company and they are keen for me to start more or less straight away. I know if I asked to leave there would be no way they would let me go as They have no one to replace me. There is to much politics involved and I feel my only option is to just hand a letter in on my last day next week saying I would not be returning giving up my holiday pay and weeks in hand. If I was to do this could they take me to court for compensation?
Any help would be grateful

 

[Matt the Shrimp]

a ginger centre midfielder writes:

"Not a problem mate- fake some injuries and claim to be 'in the wrong frame of mind' until your current employer loses patience and is happy to get shot of you (making sure they still have to pay you off, natch). Remember to tell all your new workmates how delighted you are to be there, and you'll be the bosses favourite in no time! Repeat every 18 months or so for maximum financial gain and moral poverty"

:clap:

Good work, sir!

:D

 

[Aberdeen Shrimper]

I am just wondering if anyone on here can help me! I am currently working as a contractor and within my current contract it states that I would have to give one calender months notice period if I wanted to leave but my employer can get rid of me with one weeks notice. My problem is that I have been offered a job working self employed by a company and they are keen for me to start more or less straight away. I know if I asked to leave there would be no way they would let me go as They have no one to replace me. There is to much politics involved and I feel my only option is to just hand a letter in on my last day next week saying I would not be returning giving up my holiday pay and weeks in hand. If I was to do this could they take me to court for compensation?
Any help would be grateful

I will ask the better half to give you some advice Winkle

 

[Yorkshire Blue]

Strictly speaking they can sue you for breach of contract if you leave before the end of the notice period, but they would have to take you to the small claims court and it is unlikely to be worth their while. However they will not be happy if you just walk and if you are hoping for a reference now or in the future then you need to be careful. This is particularly so if you are now trying to go self employed - you never know who you might be pitching to in the future and a lot more organisations are operating on word of mouth rather than written references, so it would only take a question of reliability/trustworthiness to be quietly raised to cause you problems in the future.

It is always best to leave on reasonable terms, so unless you think there is no chance, try to negotiate an earlier exit - say two weeks - saying you want to ensure you have tidied up any loose ends. That usually plays well with a new employer too as it shows you are not just interested in yourself.

Good post. Remember also that your current bosses might move on in the future as well. I've heard some amusing stories about how people have made a big scene of quitting, only to find their previous boss turn up in their new job as well.

Not sure how much notice you need to give for holidays, but if you don't want to see out your entire notice period you can think about scheduling a holiday during what would be your notice period. Your employer will have to cope without you whilst you are on holiday anyway, so it makes little sense asking you to come back after holiday when you don't have a future with them anyway.

 

[Aberdeen Shrimper]

I am just wondering if anyone on here can help me! I am currently working as a contractor and within my current contract it states that I would have to give one calender months notice period if I wanted to leave but my employer can get rid of me with one weeks notice. My problem is that I have been offered a job working self employed by a company and they are keen for me to start more or less straight away. I know if I asked to leave there would be no way they would let me go as They have no one to replace me. There is to much politics involved and I feel my only option is to just hand a letter in on my last day next week saying I would not be returning giving up my holiday pay and weeks in hand. If I was to do this could they take me to court for compensation?
Any help would be grateful

Winkle.....can you fill in the blanks below mate and hopefully will be able to give you some advice.



Are you an Actual contractor with IR35 status or an agency person?

How long have you been working on the current contract?

Has it a projected end date?

Did you sign your contract or query it at the time?

 

[Winkle]

Winkle.....can you fill in the blanks below mate and hopefully will be able to give you some advice.



Are you an Actual contractor with IR35 status or an agency person?

Just a contractor
How long have you been working on the current contract?

Just over one year
Has it a projected end date?

No ,ongoing.

Did you sign your contract or query it at the time?

No, well both really. I read it as One week notice for all but looking at the dreaded small print it is infact 1 month. I am not really worried about p*****g anyone off as they have shafted me left right and centre especially as the clauses in my contract suddenly became "Pro Rata" ie, holidays pay. I dont think I will ever work in this field again so burning my britches would not be a problem. I have two managers there who would give me a glowing reference so really I have nothing to lose. I would always generally like to leave any company on good terms but I have a sneaky feeling that maybe the sniedy backstabbing numpties would shaft me over pay along the lines somewhere, so telling them to stick it and keep any money owed to me would give me the utmost satisfaction!

 

[Benfleet A1]

Take what holiday is owned and two weeks sick which should cover your notice period of resignation. Check that first but I think you should get away with it.