Legal knowledge (human resources)

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IanD
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Legal knowledge (human resources)

Post by IanD » Mon Mar 26, 2012 6:42 pm

Work for a UK bank in IT as Technology Consultant (the one who sponsors the Premier league) but my permanent job contract has 3 months notice period. When people leave they typically tend to negotiate down to anything around 6-8 weeks, i'm sure i could get that down to 4 weeks if i push it  

But with my mood at moment i could change back to contracting, go in to work on a Monday and tell them stuff it i'm leaving in a week, sue me if you want.  

 What is the legal position they can take and from experience what typically would organisations  do ( I would say our bank is relatively friendly and not normally too hard on people but this could be different)

Happy for any comments to be heavily caveated, it is my decision just looking for perspectives. I've made my views clear in emails, the current position is unsustainable   I'm working huge hours and nothing is changing. This isn't my main reason for leaving but might help justify my actions  if it became legal - not sure if that makes any difference !
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scottishselise
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Re: Legal knowledge (human resources)

Post by scottishselise » Mon Mar 26, 2012 6:54 pm

Work your notice. It is not worth the hassle and a very small world.
edit: apologies this is not more help!
Last edited by scottishselise on Mon Mar 26, 2012 7:08 pm, edited 1 time in total.

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Graemei
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Re: Legal knowledge (human resources)

Post by Graemei » Mon Mar 26, 2012 6:59 pm

Might decide to take you to a small claims court if they could prove they lost money from you not working the full notice. Although if you work in the financial services they might be keen just to let you go early rather than having the risk of an IT guy possibly with access to confidential data.

How long have you worked for them?

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scottishselise
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Re: Legal knowledge (human resources)

Post by scottishselise » Mon Mar 26, 2012 7:17 pm

The likelihood is that they won't bother to sue. No chance of 'garden leave'?

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cstrachan
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Re: Legal knowledge (human resources)

Post by cstrachan » Mon Mar 26, 2012 7:55 pm

Can you not say you have a new job with another bank? That is the usual way to immediately get escorted out of the building (not that I would ever do that ;) )
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David
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Re: Legal knowledge (human resources)

Post by David » Mon Mar 26, 2012 8:57 pm

Sad as it may seem I've been to six employment tribunals over the years - every thing from TUPE to breach of contract. In short any employment issue that has any merit could go before an employment tribunal. In practice most companies will take a pragmatic stance as the sums awarded in a tribunal are usually statutory and it really isn't worth the hassle.

On your issue: I was personally pursued by an employer for not working my notice - a bit of a vendetta really. The tribunal found in my favour as it was considered inappropriate for me to work as the employer/employee relationship had broken down. In employment law, the contract really needs to be fair and appropriate to be valid.

My advice is do what's best for you!
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