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what happens if i don't give one month's notice

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el* | 10:52 Wed 12th Jan 2005 | Jobs & Education
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I'm currently stuck in a really terrible office job and am looking for new employment. only thing is, that my contract says that i have to give 1 month's notice before i leave. I wouldn't have a problem with this, but in the event that I do find a new job, I very much doubt that they'll wait a month for me, and so would be tempted to hand in my notice and not go back to work...what would this mean? would I still get paid? I was thinking that I could just use all my 25 days holiday in one go, but some people say that would mean I wouldn't be elligble for any holidays in my new job....

This is all very confusing, but in essence, what's the best way to get out of this job as quickly as possible?! Advice please!

Oh yeah, also I didn't sign my contract with this company, if that makes any difference.

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This is not straightforward. How long have you been in this job? you may be required to give only one week's notice in law if you have been there a short time.  You can take holiday as part of your notice period only if you have accrued that holiday entitlement i.e. 2 days per month that you have been employed there. Not signing the contract will probably mean that that you are not bound by any extraordinary terms and conditions but will still be bound by employment law. However, it is absolutely usual for employers to wait a month before new starters take up post. If you put in your notice but do not then work that period of notice (either by going to work or by taking annual leave entitlement) you will not be paid. What did you think?
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Ok I've been in this job for six months...I know I wouldn't get paid for for not being there, but I get paid one month in lieu...so if I left now, would I still get paid for January?
I don't know enough about employment law but you have to be careful because you might need references if you are applying for new jobs.  Often, a new job offer is made subject to satisfactory references being obtained from your current employer.  Also, at job interviews, they usually ask you how much notice you have to give. I think if your relationship with your current employer is ok, then it might be better to sit down with your boss and explain that you have had an offer, and ask if they can let you go before you have worked your full notice, or take holidays en lieu of notice.  In your new job, presumably you will be entitled to holidays, but many employers say you have to work a year before they let you take your entitlement.  It is all very biased in the employer's favour unfortunately.
You could contact ACAS or your local CAB or law centre for advice.

In general, big companies will not take an individual to court for not completing their notice, even though they could by law.

 

You should be able to leave without any repercussions, especially if you have no contract of employment

I just walked out of my job a couple of months ago - no notice, I still got paid for what I did and the company re-employed me elsewhere in 2 weeks.  But I would imagine it ios different for each different company and type of work. May be worth chatting with a soliciter on the phone/?
Most companies will wait a month for the right employee. Whilst you could do what you propose, playing fair and being reasonable will stand you in better stead for the future. One month really isn't that long.
It also means nothing that you haven't signed a contract. By taking pay, you accept their conditions.

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