Employment law - giving notice

Need some advice on this. My fiance has got a new job and they want her to start on the 1st June otherwise she will have to wait a few months for another intake.

Thing is they only told her this last week so she put her notice in on Friday. She has a contract which says she must work 4 weeks. The boss said to her in the leaving meeting that he didnt want her to work the full lot and would let her go early (although she didnt mention the 1st June). The guy is a grade A ******** and if he knew, he would make her work the 4 weeks just to spite her.

She needs to start that job on the 1st but is there anyway she can just leave? She's waiting on him providing the reference which he has received notice of. She has about 6 days leave owed which I know she wouldnt get if she just upped and left.

They can't make her go to work, but if she needs a reference then she needs to come to an arrangement.

Between her 4 week notice and 6 days leave she is less than a week short to leave at the end of may. Worst case scenario she could self certify. I'd be surprised if her old work would sue for breach of contract, which is about all they could do if she left a week early. Does she actually need the reference for her new job or does she actually have a new contract already? That might be the only sticky point.

How imperitive is it that she starts on the 1st June? How long is a "few months?" Maybe the new employers could be a bit more flexible if your misus really and truly cannot leave in time to start the new job?

If the boss said he would let her go early, would that be paid or unpaid? Would be good if she could get that in writing somehow?

Im not sure where you would stand legally..

sorry I cant be of more help

Well he initially said he would pay her 4 wks, and let her go after a week but thats all changed this week (as has his mood) so now that the ref has come in, he's stalling on it (and she needs it prior to starting) and now has said he wants her to work til at least the end of next week and come next week he'll decide whether he wants her after that.

The new employer has said that it needs to be the 1st of June as they have intakes and she needs to get on the training course or else she will be behind. Her current boss has said to her that she works for ******* and she cannot start a new job until her contract with him is up. I am hoping that he gives her the reference by the end of this week and then she could just not turn in for the week after next. I have doubts though as to when he will provide the ref. I think he'll just hang until the 4th week then give her one, which by that time she'll be out of a job and having to wait for the next intake which could be August

[ophic]

A fella at my work place got a new job and just left. The company couldn't really do much. Left us all dangling somewhat. He worked about half his notice period then just disappeared.

Originally Posted by robchester

Well he initially said he would pay her 4 wks, and let her go after a week but thats all changed this week (as has his mood) so now that the ref has come in, he's stalling on it (and she needs it prior to starting) and now has said he wants her to work til at least the end of next week and come next week he'll decide whether he wants her after that.

The new employer has said that it needs to be the 1st of June as they have intakes and she needs to get on the training course or else she will be behind. Her current boss has said to her that she works for ******* and she cannot start a new job until her contract with him is up. I am hoping that he gives her the reference by the end of this week and then she could just not turn in for the week after next. I have doubts though as to when he will provide the ref. I think he'll just hang until the 4th week then give her one, which by that time she'll be out of a job and having to wait for the next intake which could be August

God what a *beep*! Perhaps your missus can contact the new employers and let them know her boss is being difficult so that they know the reference might come in late. Can she get a reference from anyone else which can be a temporary reference until the boss gets his act together and does it? Im guessing there is no-one higher than this boss?

TBH I think I would take the boss aside and have some very firm words with him. His behaviour is just childish.

Now shes resigned ( and as long as its in her contract) he can be as much of an **** as possible.

it may have been better for her to have held off resigining until 6 weeks before the next intake and hoping he told her to F**k off early in which case he would have had to pay up

If he'd told her to FO when th refference request came in she would have had a unfair dismissal case

if it were me or my mrs, id speak to new employer, explain about the ref issue and whats going on, if she has already been offered the job "subject to references" then she is pretty well in and done.....

its been a long time since i worked in recruitment but im pretty sure (can someone confirm/deny?) that employers are not allowed by law to give a bad reference that is like a personal attact....they can refuse to give a reference...but not give a bad one...the new employer would have to ask themselves why your partner had not been sacked (if he did give a bad reference) if she was that bad....

I strongly wouldnt recommend your partner puts down her old boss to her new boss but it might be worth mentioning that he can be awkward when he wants to be.....

although it could happen...the chances of taking your partner for breach of contract is highly unlikely IMO.

[Mr Speirs]

The notice period on a contract is there to ensure you get your benefits in full and the company doesn't get left in the lurch. You can break it however you will give up any holiday oweing or time oweing.

The company as far as I am aware cannot sue you for breaking the contract and the only 'punishment' for lack of a better word is the fact you will lose any holiday or time oweing. As long as you don't owe the company hours there shouldn't be an issue.