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    Handing in your Notice at work.. can anyone help?

    Hey peeps,

    A friend of mine has been working for a company for just over 6 months. She is still in her probabtionary period but really doesnt enjoy her role and the environment she is working in. She has handed in her 1 week notice today as per contract. As she is in her probationary period, does she need to serve her notice? She has told the company that she wants to leave immediately due to how unhappy she is in the office atmosphere. The company want her to serve her notice. Does she have to? What is the worst they can do apart from not pay her for 1 week?

    Any advise would be appreciated.

    MMP x

    30 Comments

    i dont think you have to serve notice in probationary period. i could be wrong though. if she is out of her probationary period then it would be a week unless otherwise stated in her contract

    Could go sick.

    Original Poster

    donna-lou

    i dont think you have to serve notice in probationary period. i could be … i dont think you have to serve notice in probationary period. i could be wrong though. if she is out of her probationary period then it would be a week unless otherwise stated in her contract



    Ive tried looking on the internet but I can't seem to find out whether she has to actually serve her notice.

    If she doesnt mind losing the weeks pay, she doesnt have to go back.

    simples.

    i know at my workplace you dont have to, but i dont know if thats the same as the law states or just company policy. if she doesnt work it but has to, then i think she will lose any outstanding holiday pay

    Original Poster

    notts6501

    Could go sick.


    She could however, but I think they would suss out that its more to do with her not wanting to come back. I can't actually believe that they have asked her to work for the week given the fact that she has explained why she wants to resign. The whole point being that she does not want to be there!

    Original Poster

    transit

    If she doesnt mind losing the weeks pay, she doesnt have to go … If she doesnt mind losing the weeks pay, she doesnt have to go back.simples.



    So losing 1 weeks pay would be it? They can't actully say that she must work that week right?

    what about future employers? she will need a reference?

    Original Poster

    plumberman01

    what about future employers? she will need a reference?



    I would think so, but no employer is allowed to give a negative reference. They can only refer to the facts of the employment for example how long she worked, sickness, etc..

    Miss Money Penny

    So losing 1 weeks pay would be it? They can't actully say that she must … So losing 1 weeks pay would be it? They can't actully say that she must work that week right?




    Well they certainly cant force her, people quit their jobs all the time without working their notice.

    Original Poster

    mumbojumbo

    The week's notice is so that the company has time to find someone else to … The week's notice is so that the company has time to find someone else to fill the role.Put up with it - it's only a week. It will look better on the cv and the company may be inclined to give a better reference.



    It may only be a week however if she feels like she is being spoken to like muck and treated badly by other team members then thats pretty awful for anyone to endure.. even its only a day!

    They can give a neutral reference which is the same as a negative one. If she bails then forget about asking them for a reference. and it may hamper her next job prospects.

    Original Poster

    transit

    Well they certainly cant force her, people quit their jobs all the time … Well they certainly cant force her, people quit their jobs all the time without working their notice.



    Thats what I thought.. I think the deduction of one weeks pay would be the worst they could do. They can't make her work it or use it against her by giving her a negative reference.

    Original Poster

    I think its rather strange that if the company wanted to.. they could give her one weeks notice and ask her not to work it if they were unhappy with her. However if she is unhappy with them and gives in one weeks notice then she has to work it? don't quite understand why that works in favour of the employer?

    If they ask her not to work it they still have to pay her. I would guess if you weren't expected to work it we would all just jump ship the moment we found another job.

    Miss Money Penny

    I think its rather strange that if the company wanted to.. they could … I think its rather strange that if the company wanted to.. they could give her one weeks notice and ask her not to work it if they were unhappy with her. However if she is unhappy with them and gives in one weeks notice then she has to work it? don't quite understand why that works in favour of the employer?



    How does not having to go into work, but getting paid favour the employer?

    if she is on probation, she can leave straight away, its all in the contract.

    Original Poster

    thesaint

    How does not having to go into work, but getting paid favour the employer?



    If they don't like you.. they can get rid of you immediately, however if you don't like them and want to leave you still have to work your notice? is that not unfair?

    Most companies would not mind paying one weeks salary to someone they would like to get rid off immediately, if it ment they could concentrate their efforts in finding a replacement asap.

    plumberman01

    what about future employers? she will need a reference?


    mumbojumbo

    The week's notice is so that the company has time to find someone else to … The week's notice is so that the company has time to find someone else to fill the role.Put up with it - it's only a week. It will look better on the cv and the company may be inclined to give a better reference.



    This ^^
    She will get a worse reference if she completely leaves them in the lurch, I would advise her to stick it out

    Miss Money Penny

    If they don't like you.. they can get rid of you immediately, however if … If they don't like you.. they can get rid of you immediately, however if you don't like them and want to leave you still have to work your notice? is that not unfair? Most companies would not mind paying one weeks salary to someone they would like to get rid off immediately, if it ment they could concentrate their efforts in finding a replacement asap.



    They are then choosing not to let you work and taking the hit on paying the weeks salary ... if you choose to leave that is not their choice, it is yours, so why should they still have to pay you?

    Original Poster

    plumberman01

    what about future employers? she will need a reference?

    mumbojumbo

    The week's notice is so that the company has time to find someone else to … The week's notice is so that the company has time to find someone else to fill the role.Put up with it - it's only a week. It will look better on the cv and the company may be inclined to give a better reference.



    Hmmm I see your point but she really does not want to go back, surely they can't give her a "not so good reference" based on the fact that she didnt work her notice? Surely thats not allowed. if anything, if they give her a bad reference which hinders her from securing future employement then the employers could find themselves in trouble.

    black gerbil1

    if she is on probation, she can leave straight away, its all in the … if she is on probation, she can leave straight away, its all in the contract.


    Not all contracts allow people on probation to leave immediately. I remember mine specified a week or two whilst on probation..

    Of course she can walk if she wants to. It is however a contract and if broken, she'll be leaving on bad terms. Consider:
    - A "bad" reference will be given. Yes, employers can't say negative things but if they don't say anything positive, that says a lot. People checking references for her next employer will smell it a mile off.
    - No pay. If she can deal with that, fair enough but the extra cash can't be a bad thing!
    - If she stays within the same industry, who's to say she won't end up working with an ex-colleague in the future? If her current boss moved onto another company, they might end up working at the same one. I never really thought of this, but it was mentioned on a resignation website I looked at once for a template.

    If it's only a week, then I don't see the problem to be honest. I came into this thread assuming it would be a month but she's getting off lightly if its 5/6 days at most! If she walks out not fulfilling her obligation to her employer to work her notice period, she should be prepared to face possible repercussions later on and definitely not complain if thy do happen!!
    Edited by: "oldmanhouse" 21st Feb 2011

    Original Poster

    Laffy42

    They are then choosing not to let you work and taking the hit on paying … They are then choosing not to let you work and taking the hit on paying the weeks salary ... if you choose to leave that is not their choice, it is yours, so why should they still have to pay you?

    .

    The arguement is not about being paid Laffy... its about whether you "have" to serve your notice period whilst in your probationary period. If you don't, what would be the consequence? So far it seems a lack of one weeks pay and the possiblity of a neutral reference is the worst they can do!

    Original Poster

    Looks like this one will be down to her judgement and tolerance I guess!

    she should work it imo..she is leaving so has the upper hand with the nasty people she is working with.
    They cant give a neg reference but as a manager in another life lol you employer can make it difficult..head office send a reference questionaie sometimes to a manager...it can be filed in the bin. It also had on one i filled in satisfactory/not satis tick boxes!
    Not worth the chance..

    Miss Money Penny

    Hmmm I see your point but she really does not want to go back, surely … Hmmm I see your point but she really does not want to go back, surely they can't give her a "not so good reference" based on the fact that she didnt work her notice? Surely thats not allowed. if anything, if they give her a bad reference which hinders her from securing future employement then the employers could find themselves in trouble.



    Of course they can! And she probably won't even know what they are saying about her as references will be directly between the new job and the old job... it doesn't even have to be about the fact she walked out on them, they will find another area that they can legimately comment badly on and use that - if she is genuinely unhappy she probably hasn't been working fantasically well anyway...

    If she has already been there for 6 months, I am sure that she can stick it out until Friday.

    The other option (eg. if people are picking on her etc) is that she asks for a meeting with her manager or personnel and says how unhappy she is there and then asks to leave immediately - offering to forfeit the weeks notice pay as she won't be there.

    She can always develop a severe case of Tourette's Syndrome X)

    there should be some paid days off - that would take a few days off that 1 week notice wouldn't it?

    I have to agree, she should work it, it's only a week and could save her problems with negativity from them with future employers.

    mumbojumbo

    The week's notice is so that the company has time to find someone else to … The week's notice is so that the company has time to find someone else to fill the role.Put up with it - it's only a week. It will look better on the cv and the company may be inclined to give a better reference.



    This. I had to serve 4 weeks notice in my last job, and I hated every second of it. She'll last a week.
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