Boss calling solicitor over contract

NeonSquares

Long story short(as it is currently happening), my partner has handed in their notice as she is changing jobs.

Her boss is have a s*%t fit and is threatening to call her solicitor over it and to review my partners contract.

My partner is convinced she is out of contract.

I know I'm prob not giving enough info here but can she actually bring anything legal against my partner for handing in her notice?.

She gets paid by the week, my understanding was a weeks notice is enough?.

Any advise is welcome as my partner is in a bad state at work at the minute over this.

She's given 15 years to this 'boss' and this is how she's been treated for wanting out of a bad environment.

tiredblondie

It depends what her contract says....for mine, the notice (on both sides) is based on how long you work there so for me, over 10 years requires 2 months notice - i am paid every 2 weeks.

jimmycrackcorm

I presume your partner has misplaced the contract in 15 years otherwise it would state the length of notice.

In which case they should ask their boss to produce a copy to prove how much notice should be given. Otherwise the statutory notice if one week applies.

C3PO

She's giving one weeks notice after working there for 15 years?

Dial Hard

Unless she was on a fixed-term contract to begin with she can't be "out of contract". They don't just expire, you know.

Teyla Emmagan

You can't force someone to stay in a job if they don't want to. He can call his solicitor all he wants, all there is to discuss is her leaving date.

Wabbit Ears

After 15 years one weeks notice is really unfair.

They have to get someone in and she has to hand over her work to someone else. You can't do that in one week for a lot of positions.


So without knowing the job role involved on the surface I would say she is way more likley to be in the wrong here.

fearrchair

I am 20 years and l think for the last few years l would have to work 6 weeks after a notice. Some employers might take it from outstanding holidays. I suppose they want to train a new person in the position if that applies etc.

billybonkers

Notice period would be set out in the original contract, if no notice period is listed it goes to the legislation min 1 week

http://www.citizensinformation.ie/en/employment/starting_work_and_changing_job/changing_job/giving_notice.html

Statutory minimum notice
If you do not have a provision in your contract of employment dealing with notice, the statutory minimum notice of one week will apply and this is the notice that you should give your employer of your intention to leave. The statutory minimum notice of one week, is set down in Section 6 of the Minimum Notice and Terms of Employment Act 1973.

_Brian

Ask the employer for a copy of the contract. As above, go by what’s in the contract or the legal minimum.

Will your OH ever need a reference from this employer, leaving a job on bad terms after 15 years employment is very unfortunate.

beauf

Some of the places I've worked have had a 1-3 months notice in the contract.

Glass fused light

beauf wrote: »

Some of the places I've worked have had a 1-3 months notice in the contract.

She is paid weekly anything over 1 month is unlikely

beauf

Glass fused light wrote: »

She is paid weekly anything over 1 month is unlikely

I've never found the salary schedule to be linked to notice period. It's usually in the places I've worked more related to the role and how easy to get cover.

But maybe that's not the norm and what you suggest is.

Glass fused light

beauf wrote: »

I've never found the salary schedule to be linked to notice period. It's usually in the places I've worked more related to the role and how easy to get cover.

But maybe that's not the norm and what you suggest is.

Not wanting to sound too elitist but there was (and still is to a degree) a 'prestige' value in salaried ie monthly paid, being seen as a 'management' or 'professional' while weekly was more working class ie living pay packet to pay packet.
In my experience, back 15 years ago a months notice would have been pretty standard and you would find it very difficult to move into a new job if you were competing on 3 month notice. The idea of 3 months was very European, I remember being amazed at the concept that the Germans moved jobs at quarter end irrespective of when they gave notice.

(Edit could be I was just in the wrong job )

jimmycrackcorm

Wabbit Ears wrote:

After 15 years one weeks notice is really unfair.

They have to get someone in and she has to hand over her work to someone else. You can't do that in one week for a lot of positions.

That's a very naive view. I can tell you that the there are countless people who have lost jobs and gotten very little of anything after years of service. There's no such thing as employer loyalty

Ever heard of a place called clerys?

beauf

Rather than loyalty its more about professionalism. If you hire someone who dropped their previous employer with minimal notice, you can expect the same.

my3cents

beauf wrote: »

Rather than loyalty its more about professionalism. If you hire someone who dropped their previous employer with minimal notice, you can expect the same.

Really after working for a toxic employer for 15 years?

Or do you consider an employer who makes legal threats to stop someone leaving to be a great guy to work for?

Accidentally

my3cents wrote: »

Really after working for a toxic employer for 15 years?

Or do you consider an employer who makes legal threats to stop someone leaving to be a great guy to work for?

Employers tend to work on a no smoke without fire basis. It may not be fair, but that's the reality.

Much better to stay a few weeks more, even if the contract doesn't make you. It shows the new employer that you care about your work and responsibilities.

Above all, never go in to a new company and start talking about how bad the last place was, no matter how true it is. It will reflect badly on the previous employer, but also the employee.

beauf

my3cents wrote: »

Really after working for a toxic employer for 15 years?

Or do you consider an employer who makes legal threats to stop someone leaving to be a great guy to work for?

Its got nothing to do with the previous employer. ...

Teyla Emmagan

Accidentally wrote:

Much better to stay a few weeks more, even if the contract doesn't make you. It shows the new employer that you care about your work and responsibilities.

If the new employer wants you in the job quickly they won't give a sh#t about any of that.

bootser

It may not be explicitly stated in the contract, but instead say something like "adherence to the employee handbook" which in my case states 6 weeks notice over 10 years. I'm currently looking, only reason I've come across this!

Glass fused light

bootser wrote: »

It may not be explicitly stated in the contract, but instead say something like "adherence to the employee handbook" which in my case states 6 weeks notice over 10 years. I'm currently looking, only reason I've come across this!

Written statement of terms of employment.
3.—(1) An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say—

That could be a bit of a problem for your employer if your were not sent the employee hand book as part of your original contract. Notice should form part of the written statement given within 2 months, and being available on the company website may not pass the 'given' test.

beauf

Teyla Emmagan wrote: »

If the new employer wants you in the job quickly they won't give a sh#t about any of that.

Obviously some short sighted employers won't. But expect that mindset in all your dealings with them. Its a double edge sword.

Accidentally

Teyla Emmagan wrote: »

If the new employer wants you in the job quickly they won't give a sh#t about any of that.

Some will, some won't.

I'd much rather attend an interview and explain that I only have to give one weeks notice, but I've given them three weeks, so that I don't leave them in a hole. It shows that you give a damn and its not just a job to you. It may also give you an edge over other candidates.

wonski

Glass fused light wrote: »

Not wanting to sound too elitist but there was (and still is to a degree) a 'prestige' value in salaried ie monthly paid, being seen as a 'management' or 'professional' while weekly was more working class ie living pay packet to pay packet.
In my experience, back 15 years ago a months notice would have been pretty standard and you would find it very difficult to move into a new job if you were competing on 3 month notice. The idea of 3 months was very European, I remember being amazed at the concept that the Germans moved jobs at quarter end irrespective of when they gave notice.

(Edit could be I was just in the wrong job )

Many factories and at least one supermarket chain I know pay monthly.

They often are not salaried employees, as their pay is based on hours worked and varies month to month.

It is no longer elite Unless you get the same amount every month.

The notice, however, has nothing to do with the pay frequency.

1 week after 15 years I would found as an insult tbh.

listermint

There isnt a court in the land that can prevent someone from Working. Everyone has a right to work. So the employer was talking out of their xxxx about the solicitor that would be a fruitless exercise not to mention a waste of money.

NeonSquares

Ok, so update;

Contract states a month.

The business is closing within the next few months, hence the leaving for gettInt a new job.

My partners boss(A woman) is not taking nor handling this well at all, my partner is giving two weeks notice(she is being paid by the week) and over the last two days is giving my partner verbal abuse in the form of sny comment and such.

She verbally 'scolded' her in front of her colleagues.

We're both convinced she is making an example because she is afraid of the rest jumping ship before the business winds down.

All our friends can't believe that she threatened(did actually call her solicitor it turned out) a legal pursuit but opinions are 50/50 on the length of notice given versus contract.

Thanks for the opinions here, they've helped.

my3cents

If the place is closing then as far as I'm concerned screw them and leave when it suits you.

Question: Why did you leave your last employment and only give a weeks notice?

Answer: They were closing down.

Does anymore need to be said?

kaymin

my3cents wrote: »

If the place is closing then as far as I'm concerned screw them and leave when it suits you.

Question: Why did you leave your last employment and only give a weeks notice?

Answer: They were closing down.

Does anymore need to be said?

They will often still want to speak with your former boss / supervisor so best to manage your way out as smoothly as possible.

Del2005

my3cents wrote: »

If the place is closing then as far as I'm concerned screw them and leave when it suits you.

Question: Why did you leave your last employment and only give a weeks notice?

Answer: They were closing down.

Does anymore need to be said?

Reference

Glass fused light

wonski wrote: »

Many factories and at least one supermarket chain I know pay monthly.

They often are not salaried employees, as their pay is based on hours worked and varies month to month.

It is no longer elite Unless you get the same amount every month.

I transitioned a number of places from weekly to monthly and it was a long payroll process, places mainly moved to monthly EFT when moving out of cash due to the security risk.

wonski wrote: »

1 week after 15 years I would found as an insult tbh.

1 week after 15 years suggests something has gone seriously with the relationship.