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the_dork

Changing Job After A Week

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I started a new job on a probation period with no notice from either party but have something else lined up. I haven’t given in my P45 to new employers.

1) I plan on not telling my new role that I’ve actually started somewhere else, I have told them that I left my last property and have something lined up. Agree?

2) Legally, surely I must be entitled to be paid for the work I have done at new firm? If I left after a week, could I ask them to pay by cheque so that new employers wouldn’t see this?

TIA

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I started a new job on a probation period with no notice from either party but have something else lined up. I haven’t given in my P45 to new employers.

1) I plan on not telling my new role that I’ve actually started somewhere else, I have told them that I left my last property and have something lined up. Agree?

2) Legally, surely I must be entitled to be paid for the work I have done at new firm? If I left after a week, could I ask them to pay by cheque so that new employers wouldn’t see this?

TIA

Not a bad moniker for this post ;) You are asking an employer to do you a favour after going through undoubtably what was a long and expensive recruitment process for both of you and now leaving...

The right way to do it is to say I know I have dropped you in it but a better job has come up, don't expect paying but thanks for the opportunity. Most employers will pay you.

The_dork way is to say I know I have acted like a feckless employee but could you do me a favour and pop a cheque in the post because the Citizen's advice say it's my legal right.

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Someone I know did this, was offered two jobs at the same time and took the first one while declining the second. She started the first job and left work at the end of the day in near tears because of how the boss treated and spoke to her (apparently he was rude to everyone), I convinced her to finish the week - everyone had a bad days now and again. Eventually decided to leave, and he smashed a desk up when she handed her (2hour) notice in - the right decision was made there.

Do what's best for you I say, but no point burning bridges and screwing people. Just say it's not what you expected...

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Not a bad moniker for this post ;) You are asking an employer to do you a favour after going through undoubtably what was a long and expensive recruitment process for both of you and now leaving...

The right way to do it is to say I know I have dropped you in it but a better job has come up, don't expect paying but thanks for the opportunity. Most employers will pay you.

The_dork way is to say I know I have acted like a feckless employee but could you do me a favour and pop a cheque in the post because the Citizen's advice say it's my legal right.

Appreciate the advice. I'm not happy about doing it but equally, I have been badly treated by employers before and had no recourse-it works both ways as Jason's post shows.

I wouldn't ask for a day's pay but a week is a reasonable amount. The question is whether I'm legally (rather than morally) entitled to it. Any ideas?

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Appreciate the advice. I'm not happy about doing it but equally, I have been badly treated by employers before and had no recourse-it works both ways as Jason's post shows.

I wouldn't ask for a day's pay but a week is a reasonable amount. The question is whether I'm legally (rather than morally) entitled to it. Any ideas?

Why tell them more than they need to know? Dish them some story as to why you have to unfortunately drop your dream job, even if you so much enjoy working there, no point in hurting people's feelings, plus finding someone new for a position is always hard work for everyone, so, you want to be a bit gentle about the entire affair.

And if they don't pay up, there is always the small claims court, you did the work and you're entitled to it, and the verbal contract and the fact they admitted you to work there should be sufficient.

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Appreciate the advice. I'm not happy about doing it but equally, I have been badly treated by employers before and had no recourse-it works both ways as Jason's post shows.

I wouldn't ask for a day's pay but a week is a reasonable amount. The question is whether I'm legally (rather than morally) entitled to it. Any ideas?

I think you're playing the game just as you should. Look out for yourself, because for sure any employer won't give a damn about you. That's business. If the job doesn't live up to expectations, and you promptly leave, well that's their fault for mis-selling the role and not keeping higher standards. Employers should be duty bound to warn employees about any hazards. And that includes any bosses who tend to act like maniacs.

Sorry if that sounds mercenary. But finding the right job is a life-altering decision. Anyone who doesn't test run an employer first if they can, only have themselves to blame when it all goes wrong.

I was actually offered my current job twice. I went through the process first time round, but decided against later on and made my excuses. Then a year or so later I reconsidered, applied all over again and got a second job offer. At all times I was only concerned with what was best for ME.

:)

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Why tell them more than they need to know? Dish them some story as to why you have to unfortunately drop your dream job, even if you so much enjoy working there, no point in hurting people's feelings, plus finding someone new for a position is always hard work for everyone, so, you want to be a bit gentle about the entire affair.

And if they don't pay up, there is always the small claims court, you did the work and you're entitled to it, and the verbal contract and the fact they admitted you to work there should be sufficient.

Thanks. By saying more than they need to know, what are you suggesting? Saying a personal situation so unable to work? Seems less plausible than that applied for several jobs and later offered one more suitable for me.

I'm sure I should be entitled to the week's pay and would contest this if I didn't get it but does anyone know if there is any way I can avoid new employer finding out. ie. Is it possible to get paid before I give in P45 form?

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I wouldn't ask for a day's pay but a week is a reasonable amount. The question is whether I'm legally (rather than morally) entitled to it. Any ideas?

Why wouldn't you be entitled to it? You did the work they should pay. From what you say there was an agreed trial period that worked both ways.

I worked somewhere for a week once, in the interview they promised the earth, which to be fair I was suspicious enough of to reject the job when they offered it to me, they then spent a week convincing me with firm assurances to take it. Within 10 minutes I knew all their promises were ********, the only reason I stuck it out a week was because I needed my old job back first and it took a few days to get the paper work sorted.

They were none too pleased when I told them I was leaving, although I gave them what for as they had broken certain assurances within those first 10 minutes and the job was not as described which even if they didn't hide in the interview process certainly left key information from me.

I neither expected or wanted to be paid, but a week later I got a cheque. I would imagine it would be more hassle for them to put you on the payroll than it's worth so they are likely to pay you cash in hand or cheque.

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Thanks. By saying more than they need to know, what are you suggesting? Saying a personal situation so unable to work? Seems less plausible than that applied for several jobs and later offered one more suitable for me.

I'm sure I should be entitled to the week's pay and would contest this if I didn't get it but does anyone know if there is any way I can avoid new employer finding out. ie. Is it possible to get paid before I give in P45 form?

Yes you should be entitled to pay. You don't need to give in your P45 either, they can pay you on the BR (Basic Rate) code.

However, you may have to give notice. In our company's contracts it is a probation period for 3months, and a weeks notice to leave. However if it is working out I'm sure an employer would agree to waive the weeks notice.

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OK folks, more advice needed.

I left after two weeks in the end and wasn't paid as I'd have expected at the end of June. I have written a letter asking when I can expect payment and not had a response, followed up with email earlier this week (no response)

What are my options on the next stage-small claims court? I would hope instigating the claim would get them to pay me pronto. Anyone have any experience with this?

At least I know I made the right decision in abandoning such a group of shysters!

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You could, although an easier option might be an industrial tribunal? That will get transferred to a CCJ if it's not paid. I would give it another week and send a 'letter before action' and start the ball rolling.

This is what I did when I wasn't paid.

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OK folks, more advice needed.

I left after two weeks in the end and wasn't paid as I'd have expected at the end of June. I have written a letter asking when I can expect payment and not had a response, followed up with email earlier this week (no response)

What are my options on the next stage-small claims court? I would hope instigating the claim would get them to pay me pronto. Anyone have any experience with this?

At least I know I made the right decision in abandoning such a group of shysters!

Contact your local Citizens Advice Bureau.

I once was in a similar situation with a dodgy employer. They had sent my P45, but three months later the cheque was still "in the post".

Then I contacted the CAB explaining the situation: the cheque arrived the next week.

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OK folks, more advice needed.

I left after two weeks in the end and wasn't paid as I'd have expected at the end of June. I have written a letter asking when I can expect payment and not had a response, followed up with email earlier this week (no response)

What are my options on the next stage-small claims court? I would hope instigating the claim would get them to pay me pronto. Anyone have any experience with this?

At least I know I made the right decision in abandoning such a group of shysters!

Take no prisoners.... I'm about to launch a claim myself against the Border Agency over money they owe me :angry:

Small claims court - money claim online

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You are taking the piss?

Why would you ever work in a permanent job knowing it was for a week and expect them to a) not hate your guts B) do you any sort of favour?

You've not mentioned that they treated you badly so what's this all about? Is this some sort of joke? Surely you don't moan about how employers treat you if you do this just for a week's pay?

Wasn't he on a weeks probation? Almost certainly instigated by the employer. They can't really cry sour grapes if after a week, he want's to leave. I'm sure if the tables were turned they wouldn't hesitate forking him out. No; he did his time and he should be paid. I'm not sure why he stayed a fortnight though, maybe this nullifies the probation period.

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Wasn't he on a weeks probation? Almost certainly instigated by the employer. They can't really cry sour grapes if after a week, he want's to leave. I'm sure if the tables were turned they wouldn't hesitate forking him out. No; he did his time and he should be paid. I'm not sure why he stayed a fortnight though, maybe this nullifies the probation period.

no, probation was 3 months with no notice needed during this time on either side. This is their wording, not mine.

I am not asking for favours (not trying to claim the significant mileage I incurred) but I had applied for something else and better and was only offered this after I started. I am not proud of doing this as such but am in no doubt that I deserve and am entitled to my two weeks ages.

From some of the posts on here (other threads) I bet some of you are right corporate whores and jobsworths-don't kid yourselves. Your loyalty and devotion to your employer will count for naff all if they want to get rid of you for any reason.

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Agree. The probationary period works both ways. If they wanted to tie him into a long notice they could have done so.

The employer just needs to grow up and let go the feelings of ownership they have about people they pay to do stuff for them.

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I did not 'know I was leaving after a week'. I was offered another job and decided to change to it. As per the probation agreement I did not require any notice.

Does anyone have any experience in employment tribunals? How do I instigate this now having not received any payment~?

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They are gambling that the cost of a lawyer will outweigh the value of 2 weeks wages.

You have to remember that they dont have a leg to stand on here, you could hire a really good lawyer and very likely will be awarded all costs anyway - I would start with the CAB

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I did not 'know I was leaving after a week'. I was offered another job and decided to change to it. As per the probation agreement I did not require any notice.

Does anyone have any experience in employment tribunals? How do I instigate this now having not received any payment~?

Yes.

I would first write a letter, then a further letter then take action. Just go for the tribunal for unpaid wages (as I did) and represent yourself. It is very easy to do, and will only cost you a small amount. If you claim just for your wages there is little arguments at all - however you could add on another half-day for time to go to the tribunal, but that may not be awarded. They will most likely settle through ACAS before anyway.

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The question is whether I'm legally (rather than morally) entitled to it. Any ideas?

You are entitled to be paid for any work that you've done, that much is clear. However, if you breach the terms of your contract of employment, then you may be liable for damages. If your contract really does say 'no notice needed on either side' as you imply by your first post, then you're in the clear legally and morally - you can leave with no notice (just as they could chuck you out with no notice) and they must pay you for work done. On the other hand, if the contract actually requires some kind of notice to be given, you're in breach if you don't give that so you may be best offering to forgo being paid if they agree not to sue you. If your notice period is a week, you might want to consider giving notice and see what they do - they would quite likely offer to let you go straight away anyway from my past experience on the other side of the fence.

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You can take them to a tribunal for illegally withholding wages - if you're sure this is the case. Would be best to have been honest and left on good terms.

Bear in mind if it's trivial sums you will have to take a day off work and travel to the hearing - which may not necessarily be that nearby.

If it's unlawful deductions it's an open and shut case but the tribunal will only award what's owed and not penalise the employer in cases where the employee has clearly behaved like a c0ck.

It is possible, if worded carefully, to make deductions from employee's pay if they leave. Things like receiving costs of training can be legitimately deducted and also loss or damage to company property - provided the contractual clauses were well specified.

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  • 284 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


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