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Old 22-05-06, 09:15 AM   #1
Grinch
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Default Employment Law

I'm to start a new job with Fujitsu on the 30th of this month, but I've been offered another job which I would like to take instead.
Now I've signed all the paper work with Fujitsu, so can they make me work a months notice, which I would rather not do or is there something I say to them.
I have called and let them know whats going on, just waiting on a call back but it would be nice to know mine and there rights.
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Old 22-05-06, 09:18 AM   #2
mysteryjimbo
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Default Re: Employment Law

Quote:
Originally Posted by Grinch
I'm to start a new job with Fujitsu on the 30th of this month, but I've been offered another job which I would like to take instead.
Now I've signed all the paper work with Fujitsu, so can they make me work a months notice, which I would rather not do or is there something I say to them.
I have called and let them know whats going on, just waiting on a call back but it would be nice to know mine and there rights.
As far as i'm concerned, you signed paper work stating you start on the 30th. Therefore you dont currently work for them so and further stipulations shouldnt apply.
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Old 22-05-06, 09:27 AM   #3
hall13uk
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if u have signed the contract then i do believe u have to work the notice asked for in the contract. but u maybe be luckly u you plead your case.

but as i say leaglly i would say u ae bound to the contract. not sure tho
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Old 22-05-06, 10:04 AM   #4
Grinch
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I hope not, where's Lynn when you need her. She normally full of useful info like this.
Seems to be a bit abstract to find on the web.
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Old 22-05-06, 10:16 AM   #5
BillyC
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Default Re: Employment Law

Quote:
Originally Posted by Grinch
I'm to start a new job with Fujitsu on the 30th of this month, but I've been offered another job which I would like to take instead.
Now I've signed all the paper work with Fujitsu, so can they make me work a months notice, which I would rather not do or is there something I say to them.
I have called and let them know whats going on, just waiting on a call back but it would be nice to know mine and there rights.
Grinch... do you not have a probationary period? I'd be amazed if not - for their protection and yours! It allows you to get rid of them easily, and vice versa.

Your employment is not effective until the 30th, and only then will the contract "start". Tell them as soon as possible that you do not intend to start the position - you can then avoid any tedious gaps of employment history on your CV, as you certainly won't want this job on there if you're only going to spend a few weeks in it!

I can put you in touch with an excellent employment solicitor if you want - or of course, we have our own on the Forum - drop Ed (Sythree) a PM
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Old 22-05-06, 10:19 AM   #6
kitten
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I did law at A-level, and well it looks like relly you should work the notice, but they could agree to let you off yet anyway. I hope so *fingers crossed x
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Old 22-05-06, 10:20 AM   #7
Tara
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Yeah but if his contract start date is 30th May and he's not started yet then surely he doesn't need to work the notice... oh well what do i know
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Old 22-05-06, 10:25 AM   #8
mysteryjimbo
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Default Re: Employment Law

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Originally Posted by BillyC

Grinch... do you not have a probationary period? I'd be amazed if not - for their protection and yours! It allows you to get rid of them easily, and vice versa.
Oh yeah. They're normally 1 week notice
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Old 22-05-06, 10:27 AM   #9
Grinch
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Default Re: Employment Law

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Originally Posted by mysteryjimbo
Quote:
Originally Posted by BillyC

Grinch... do you not have a probationary period? I'd be amazed if not - for their protection and yours! It allows you to get rid of them easily, and vice versa.
Oh yeah. They're normally 1 week notice
Well I've given them notice today, so that would be the 1 week! So maybe I don't need too
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Old 22-05-06, 10:36 AM   #10
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If you've signed off on the contract, then you have agreed to start on a particular date. Technically that means that if you don't start then you're in breach, they can recover damages - as you could terminate on a month's notice it'd be the cost of hiring you, and also any extra cost in hiring someone else for that period. There are some fairly complex rules about mitigating loss too.

But realistically I doubt that this would happen - they might be a bit ****ed off but most employers would accept reality. Or ask you why, you say you're getting more money, they don't want to lose you so match the money. A company like Fujitsu is most unliklely to try to get anything back off you, it's dreadful PR and shows a failure of HR policy. Yes technically they could try to recover - but I wouldn't worry about them too much if I were you.
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