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They have treated my badly when i got attacked at work. I'm supposed to be going back tomorrow, but i have been offered another job. What should i do?

2006-11-30 00:42:28 · 18 answers · asked by kb1 2 in Business & Finance Careers & Employment

18 answers

Depends on how much notice you have to give, how soon you want to start your new job and how much you value your current employer as a reference.

Ok...UK law

Notice Periods.
Refer to your Terms and Conditions of Employment to find out how much notice you have to give. If you dont have one, as an indicator, if you are monthly paid, its 4 weeks/a month and if you are weekly paid its a week/7days.
If you are still unsure, generally they will revert to the statutory minimum which is one week for every year of continuous service with the Company up to a maximum of 12 weeks.

So, for example, if you are paid weekly or monthly and have 3 years service, generally the law states that you should give 3 weeks notice.

However, your contract will supercede this so if your contract says different, go with what your contract says.

Notice periods are an agreement both ways, there are there to protect both the employer and the employee. If you do not fulfill your notice terms, you will be breaking the contract (you will be said to be breaching the terms of your contract). All this means is that your employer is entitled to sue you for damages, only if they can prove mitigating loss....this is very unlikely with most jobs and will cost the employer a lot of money and unlikely to get anything out of you as an employee, but just be aware of it.
They are also entitled to write in any reference they provide for you that you breached the contracted terms which sounds a lot worse than what actually happened so may look bad.

Suggestion.
What I suggest you do is fulfill the requirements of your contract and hand in your notice as if you were intending to work this notice. Then go to the Doctors and complete a self certificate for sickness and sign yourself off with stress. This will cover your sickness for 7 days only, so in the meantime, make an appointment to see your GP and ask them to sign you off work for the remainder of your notice for stress. BUT! you cannot start work anywhere else! Because you have been signed off work sick, you have put in a claim for Sick Pay and it would be fraud if you returned to work - the goverment take this seriously!

Depending on your company benefits, you could also forfeit your wages if there is no Company Sick Pay scheme, although you will be entitled to Statutory Sick Pay provided by the Government at a rate of about £65 a week!

Failing all of the above, I suggest you write a grievance to the Company you work and if it is your manager treating you badly (and you can prove it) you could be entitled to claim constructive dismissal - but thats a whole new story and quite a serious claim... that would require another question for a whole new answer and very much depends on what it is that is going on at work.

Anyway, good luck with your new job, hope it works out ok!!

If you were not planning to start your new job until

2006-11-30 01:07:19 · answer #1 · answered by Anonymous · 0 0

It is hard to do the right thing in the face of adversity but being professional about this will make you a better person in the end. You never know when you might wind up working with or for one of the people at your present job. Also calling in sick when you are not especially for that length of time is fraudulent behavior and technically you should not be working on the new job while you are "sick".

2006-11-30 08:54:52 · answer #2 · answered by DJ 2 · 0 0

No, but you should, that way you can avoid any problems getting your last check/checks. BTW what do you do for work that you're being treated badly and getting attacked? Sounds to me like a job I'd avoid.

2006-11-30 08:51:38 · answer #3 · answered by GreyGHost29 3 · 0 0

take the other job, i was going to say something else, but if you were treated badly, then get out of there as soon as you can, although you might lose money for doing so, including any holiday money you havent taken, good luck if you take the other job xx

2006-11-30 08:52:49 · answer #4 · answered by button moon 5 · 1 0

You may not get a very good reference for your new job if you just walk out on the old one, & you certainly won't get paid if you just leave. It's only a few days/weeks, so stick with it, knowing you've got something better to look forward to.

2006-11-30 08:53:51 · answer #5 · answered by Anonymous · 1 0

get out of it by being ill and unable to work at this place after the attack the most they can do is stop your wages and sue you for the time you didnt work

2006-11-30 08:45:40 · answer #6 · answered by julie t 5 · 1 0

Should go in just to make a point! Sound like you have had a bad run of things.

2006-11-30 08:52:45 · answer #7 · answered by Anonymous · 1 0

Do the right thing...work your notice then leave....if you slack during your notice period....your ex company can refuse to give you a reference (please note they can not give you a bad reference..this is against the law...all they can do is refuse to give you a reference) If they give you a bad reference and you can get a copy of it...you can take them to court......its only a month.....then you are free!

2006-11-30 08:46:19 · answer #8 · answered by michael s 4 · 1 0

take the new job, if your old job complains tell them you can not and will not work in a hostile work place and if they wish to persue the matter you will report them to your states department of labor for harboring a hostile work environment.

2006-11-30 08:52:49 · answer #9 · answered by s w 1 · 1 0

No, just go! what's the worse they can do? yes they could try to take you to court but you wont be worth the time and money involved in doing that. But please remeber you may not get a reference. i like the going sick answers, its got to be the best way.

2006-11-30 08:52:59 · answer #10 · answered by Airhammer 2 · 1 0

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