What Can I Do?

Hi folks. I'm hoping you can give me a wee bit of advice. Alot of crap has happened at my work recently and it all came to a head today with me going off on one. My work is in no way at fault and neither am I in all of this, but words have been exchanged between myself and someone who I used to work with who is now chomping at the bit to speak to my boss and stick the knife in me (for about the fourth time). As a result my position at work will be totally undermined. There's no way I can go back, not even tomorrow to see the week out. I have never signed a written contract at work, in fact I was never even interviewed for the job. The topic of periods of notice for leaving has never been talked about. So what I'm wondering is if I just don't show up for work tomorrow or any day after that can legal action be taken against me? Even though periods of notice has never been brought up either in written form or verbal, am I still legally bound to work a period of notice? I'm not on any great wage. I've been in the job just over three years. And I'm not in the least bit worried about references or getting another job because I don't think I'll be hanging round NI much longer.

Any advice much appreciated, I got no-one else to ask! And Google confused me more!

Help!

I don't really know anything professionally that may help you, but THIS PLACE should be able to give you some sound advice.

If not, then you can always have a giggle at some of their example resignation letters! :P

I'm no expert, but I think that as long as you can prove you've worked for that long, and without a contract, you'll have the upper hand.

Hi hun, if it helps, i was at Hein Gericke for 6mths, had a bust up with the assistant manager and walked out, never went back! Phoned my boss and told him and that was it! Never had any probs, and id signed a contract.

I am actually working back there now, year and half after i walked out.

Either way i think you will need to speak to someone there about the situation as it seems like you are backed into a corner here. It all depends on some of the circumstances involved and without knowing or you giving to much information it is difacult to give any sort of sound advice based on what you have written.

But i will give you my 2 cents worth anyway...

Beat your collegue to the punch - call your boss and discuss it with him/her asap. I always find its best to show some integrity about these things, stand up and take it - the worst that can happen is you will get the same result for not doing it. But you may feel more self confident after the fact knowing you have faced it all head on by being on the spot when the sh*t hits the fan. You will also have more control on how it all goes down and hopefully lay some of it in your favour. Dont be afraid to apologise - sometimes this is the best way to get around pain in the a*rse work collegues and the quickest way to shut them up as they have nothing to come back at if you do so.

Good luck - keep your chin up.

[northwind]

My advice? Take no advice on this from an internet forum. I'd have a wee shot at it, but I'm pretty sure this is an area where scots law is different from UK law.

Non-legal advice- we had a guy at work who wanted to be released from his position, but HR insisted he work his notice period. He just said quietly, "OK, but don't be too surprised if you lose a few significant accounts after I deal with them". 5 minutes later they gave him a written agreement, he didn't work the period but got paid. Lovely

[fizzwheel]

Why can't you just go and speak to your boss ? Explain that person x has got it in for you and take it from there. If you have been right of order apologise for your behaviour.

IIRC and I might be wrong. Once you have worked at a company for 6 months what ever you working conditions, hours pay etc become a binding contract.

I know this as HR sent me a letter saying that they had changed my contract so that I had to give 3 months notice instead of 1. I didnt agree with this and I didnt sign the contract. 6 months later they sent me a letter saying because I had continued to work after the changed my contract even though I didnt agree to the ammendment it was binding anyway.

Get some proper advice CAB or some such other organisation though.

Good luck

WHat are they going to do if you don't turn up? Sue you? Doubt it. 1 months pay I'm guessing is less than a couple of grand. They won't chase you through the courts for that. If you don't care about a reference, then do one and don't look back. It's pobably in their best interests to let you go anyway if you're not happy there.

Like Northy says though, the decision is probably not best left to a bunch of internet geeks feigning bravado through their keyboard.

My turn for 2 cents.

IIRC the company is at fault to start of with as by law they must issue you a contract within 12 weeks of starting a post or changing a position or having terms/conditions majorily changed. (employment law 1996? revised)
They cannot hold you to anything because they haven't formalised it and its their responsibility to issue the contract not yours to chase up. If things get bad and your going to leave fling that at them - it may stop somebody else having the same probs as you later.

Though best step see the boss tomorrow and explain the whole situation before X does. If your boss is worth anything and X gets in before you he should listen toyour side of the story as well before any decision (if not then it can be classed as harrasment). Best course is to be honest through and admit that maybe you did go off on one and you want the chance to apologise (grovelling doe not always work) as you were wrong.

If you don't want the job leave again any hassles through employment law at them if you want to be nasty i'm sure no contract then impacts on health and safety and the subsequent managment of said law. Failure to comply equal a lot of dosh for your employer to hand if found guilty!

Otherwise go see CAB for advice or your union
(union steward rant over)

Keep us posted - and go in tomorrow don't let X beat you!!!!

Gmonsta Scoobs and Quedos - have you ever thought of becoming a solicitor. I wish that some of the people I have to deal with could see the wood for the trees in the way that you have

I doubt that an employer would hold you to your contract USV. Unless you're completely irreplaceable. And few are.