Handing in your resignation.

[sugar_plum]

Ok so I just got a new job and I have handed in my resignation to my current boss.

I have given a weeks notice as I start my new job next week. However my boss has rejected telling me he doesnt have appropriate cove so I cant leave.

I dont actually have a contract at my current job and therefore Its to my knowledge that Im not at liability to give him any notice at all. But I wanted to as I dont want to end on bad terms.

What do you geeks suggest I do?
I was going to write him a letter, something along the lines of this:

Seeing as we do not have any contractual agreement I am not at liberty to give you any notice. I have given you one weeks notice out of consideration for you and your business.
Im sorry if it causes you any inconvenience but my last shift will be Thursday 22nd December.

Does that sound ok. Also can withold any of my pay of holiday owing to me?

If anyone knows what O can do I would be appreciative of any help.
Thanks
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[classixuk]

I hope you'll be really happy in your new job, because if it doesn't work out as you expect (which is quite common), you'll never ever get a good reference from either of your old bosses.

How long have you worked for your current boss? To leave him/her in the **** for Christmas seems petty and mean on your behalf. Ask yourself, would he ever give you just one weeks notice before Christmas and leave you unemployed by Christmas day?

You also should think about how your new boss will treat you as a person if she's fine with you giving just one week's notice at Christmas to your existing employer and leaving them stuck over the Christmas and New Year period. The next person she does that to will probably be you, as she obviously doesn't care for others.

If an employee approached me and told me they'd be ready to start so soon, I have to be honest, I would turn them down for the job. I'd be aware that I could be the next boss you do that to.



Look before you leap would be my advice.

 

[persianista]

I have to agree with Classix, the law may be on your side with this one, but I also would question the morals here.

 

[Katelisa]

Plus, if you have no contract would he be obliged to pay you anything owed?! He could play you at your own 'no contract' game.

If he's been an ok employer respect that and dont leave him in the lurch.

What an odd time of year to take on new staff. If they can manage til 23rd dec, the last couple of days of the busiest time of year, short staffed, why on earth would they employ new staff right before the quietest month of the year industry wide? Doesn't make sense to me. :-/

 

[laurat]

I think the replies so far have been from an employers perspective and the points are very valid.

But here is my opinion from an employees view...

I am not currently working in the beauty industry, there are limited jobs where I am and all that I have seen have needed years of experience. I have spent thousands training for my skills and ended up doing 7 days a week because of training alongside my full time job.

If I was offered a position to enter the beauty industry, would it be sensible to turn it down and stick to waitressing because I would be letting my current employers down? Who knows when I would next get an opportunity. I really enjoy working where I work, I get on with my bosses and everyone I work with but should I really be putting them before me and my future?

You would be leaving them in the lurch there is no denying that, could you perhaps not ask your new employer for a later start date?

 

[classixuk]

Plus, if you have no contract would he be obliged to pay you anything owed?! He could play you at your own 'no contract' game.

If he's been an ok employer respect that and dont leave him in the lurch.

What an odd time of year to take on new staff. If they can manage til 23rd dec, the last couple of days of the busiest time of year, short staffed, why on earth would they employ new staff right before the quietest month of the year industry wide? Doesn't make sense to me. :-/

That bit struck me as odd too katelisa. There'll be no time for an induction or training. Is the owner just going to let her loose on clients without any of those things?

Seems to me that someone on the payroll will be facing the sack right after Christmas. That's the only reason I can think of for an employer/team leader to bring in a new team member 2 days before Christmas - she wants cover for the one who's going to be gone on January 3rd.

I could be wrong, but that's how I am reading it.

 

[Blue Rose]

It all seems a bit odd to me that a new employer would want to take on a new employee this close to Christmas. If anything, it would be more of a hindrance than a help.

To the OP, could you delay your start date at your new job & do the morally decent thing & help your current employer out by staying on an extra 2 days?

I'm sure the new boss, if they have any morals themselves will be happy enough for you to start a bit later so not leaving your current boss in the proverbial.

 

[sugar_plum]

Its a brand new salon due to open on 3rd of Jan and so I start next week to train and set up the salon.

In regards to my current boss, is had never been fair with me. I earn less Jan the minimum wage. Im meant to be full time yet be picks and chooses when I work depending on appointments. I have done less than 16 hrs each week for the last 3 weeks.
When I had chicken pox He threatened to sack me as he thought I was lying. Even when I handed over the doctor note.
It took me 2 months to even get my sick pay.

I have been looking for a job for months and now that 1 has come up im being made to feel guilty for taking it.

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[Rhiannon1408]

If it was me, I would leave and go get trained for this new job.

He/she sounds like they've not been a very good employer, you should of had a contract which stated your hours and your rate of pay and the proper resignation process.

Yes you are leaving him/her in the lurch but from what you've said I personally wouldn't worry. Go ahead and leave on your intended day. We all have to move forward in our careers, and the new salon sounds like a good opportunity if they're taking time to do training with you before they open.

The only thing I would be concerned about is getting the money you are owed.

Like I said this is just my opinion!
Rhiannon x

 

[LyndzBelle80]

As far as i am aware as you have no contract then you do not have to give him any notice so ones week gesture on your half is a nice offer, you have to bear in mind if it was the other way round and he was making you redundant so to speak would he give you more notice than he had to.

Legally, i believe he has to pay you for any work you have completed/owed but re owed holidays im not sure as this would normally be stated in a contract if holidays would be payed or not.

Slightly different for you as you dont have a contract but normally we advise people the best way to resign is to always say "thankyou for the experience and opportunity you have given me, I have enjoyed working here but I now have a fantastic opportunity that I cant afford to turn down and will give me the personal development etc that I am now looking for The new company need me to start on ****date as they have specific timeframe they are working to. Im happy to do do extra work prior to me leaving and will help with a handover etc but I will be leaving on this date."

Its very rare an employer says tough you cant go or wont come to a compromise and often leaves it on a nice ending for a reference also.

 

[Blue Rose]

Its a brand new salon due to open on 3rd of Jan and so I start next week to train and set up the salon.

In regards to my current boss, is had never been fair with me. I earn less Jan the minimum wage. Im meant to be full time yet be picks and chooses when I work depending on appointments. I have done less than 16 hrs each week for the last 3 weeks.
When I had chicken pox He threatened to sack me as he thought I was lying. Even when I handed over the doctor note.
It took me 2 months to even get my sick pay.

I have been looking for a job for months and now that 1 has come up im being made to feel guilty for taking it.

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I think if you'd have mentioned all this in your original post, our responses would be somewhat different, lol

Despite not having a written contract, your employer would still have legal statutory payments to make. Accrued holiday pay being one of them. You can go on the business link website & it will work out how much holiday pay you are legally entitled to. How much will depend on how long you were there for, how many hours you worked on average & when the holiday year runs from etc

Good luck with your new job

 

[Nails<3]

I had no contract in a previous role. In employment law, even though you have no contract you accept your wages therefore it is a contract.

If you have given a weeks notice then he has to take this,although it may be inconvenient for him you have still given notice and due to the fact he has not given you a contract with stated notice periods he cannot expect you to stay on.

My previous job,the boss refused to pay me my wage and bonuses (he was an awful boss) he refused to give me a contract,so I contacted ACAS and they said even though I have no contract,he paid my wages so it is a verbal contract and you have agreed to work there.He then tried to give me a contract with load of different things,changing my job role so I ripped it up and walked out.

 

[Lunarstorm]

First of all, I think the paragraph you wrote in your first post sounds ok.

Secondly, you have nothing to feel quilty about. You did the proffesional thing and kept your personnal reasons for leaving your current job to yourself instead of bad mouthing your current employer and I personally repect you for that. It is no one else's business why you have chosen to move on the your new employment at this time and IMO it's a shame you where made to feel you had to explain why you are leaving at this time, instead of getting help you asked for in wording your letter in a proffesional manner.

I wish you all the best in your new job and hope that both you and your current employer part ways with no ill feeling.

Sam xxx

 

[Tomme]

Be careful with this one, I've been in a salon where I didn't have a written contract, the owner claimed I had a verbal contract. When I done some research these are apparently just as binding, the main shame is people forget over time and there's nothing to go and look back on for info at a later time.

Please just keep that in mind, as at sometime he may have said u need to give 2 weeks, he may have said you can't leave at busy times (Christmas, BTS 2 weeks, holiday time rush) which may seem unfair, but may form part of your contract just like holiday embargo's do. Xoxo

 

[laurakate]

there must be some real serious problems at the job you want to leave if you're leaving that soon.

the good news is that you have a new job to go to and legally, as others have said, i don't think there's anything your current boss can do if you chose to leave today and never come back.

the only pitfall in leaving when he doesn't want you to is that you might not get paid.

i guess from your perspective, it's a gamble to leave financially because if it was me, i would find it really hard to know that the hours i've already worked might be ones that i won't get paid for.

in my opinion, i think the fact that your boss has not given you a contract and is trying to pressure you into not leaving within a weeks notice (which i think is pretty reasonable, it's just harsh for him because it is christmas) might give some clues to you about your boss so i can see why you want to leave.

ultimately, i guess for you it's a choice between staying at your current job for a bit longer because you want to get paid or cutting your losses, moving onto your new job but knowing that you risk not getting paid.

best of luck because i think that if i was in your shoes, i would feel victimised by such a boss. i know i risk sounding selfish saying that but i think the fact that you're asking where you stand legally shows that you're professional enough about what you do for there to be some genuine and good reasons for you wanting to leave your current job.

on the plus side, enjoy your new job

Edit: the fact that your new job is giving you a weeks training before throwing you in at the deep end suggests that this is a salon that invests in their staff. when looking for work, i value anywhere that invests in their people and has a well thought out human resources proceedure. i feel that a lot of bosses (not on salon geek, you're all here because you're serious about what you do) break employment law without even knowing it simply because they haven't done their research. you mention that he paid you below minimum wage and questioned you when you were ill and threatened you with the sack? these are both illegal so yeah, good on you for finding a new job

 

[sammi010]

If you are working there and accepting payment, he is letting you work there and paying you then there is a contract. Even if you don't sign a contract 'performance' becomes acceptance of that contract.

If you are paid weekly then usually a weeks notice is all you have to give, your employer cannot refuse to accept it unless there is an expressed termination clause in a contract he has provided to you - which he hasn't.

With regards to holiday pay - if your hours have never been agreed and you have accepted working varied hours, the only reasonable way to work out holidays you are entitled to would be to take an average of weekly hours worked per week and base any calculation on a pro rata basis.

Only you can make a judgement call on whether you are jumping out of the frying pan and into the fire, but as you have already told your existing boss you want to leave you are never going to get employee of the month even if you stay.

 

[sugar_plum]

Thanks for all the support guys x

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[FlawlessBeauty]

I may be wrong, but i thought if you didn't have a contract, then your notice period was based on how often you are paid. So if you are paid weekly, you would give a weeks notice.

It's a pain for your current employer that you want to leave at their busiest time of year, but he sounds like he has been quite selfish and hasn't inspired any loyalty, so i would leave.

You may have a fight on your hands for your pay. I had a hard time with this previously and i had the CAB involved to help me and i was given my last week's pay eventually.

The new place does sound like someone that values their staff and training. Fantastic! You should probably get a contract written down asap with this place though.

Good luck with your new job! I hope you love it xx

 

[sugar_plum]

Hi Sugar Plum I hope you enjoy your new job, its your life and if you want to move on then do so, life is life so grab every opportunity that comes you way and I wish you every success, if your old boss was a bit on the mean side then why should you accommodate him he didn't even give you a contract in the first place, and if he withholds wages take him the full legal road, sick of people holding crap over others folks heads, you go for it and dont look back.
Caroline

Thanks, its good to know I've got support from fellow geeks. It has taken a lot but I finaly stood up for myself with my boss and im really proud of myself x

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