cgksheff Posted December 20, 2012 Share Posted December 20, 2012 ......... To sue someone. a law has to be broken, Nope. I can sue you tomorrow for upsetting me on here. Link to comment Share on other sites More sharing options...
acman Posted December 20, 2012 Share Posted December 20, 2012 That's OK cgk, you'll have to behind the wife though, I upset her every night........I go home from work!! Regards, acman. Link to comment Share on other sites More sharing options...
Cyclone Posted December 20, 2012 Share Posted December 20, 2012 I don't understand That much is clear. in your first sentence it' s breach of contractYes it is. The contract has been breached. in you last sentence a contract isn't lawA contract is not the law, it is something you have agreed to which is governed by law. That's what the lawyer on the radio said, note he was a lawyerHe was probably a solicitor, and you probably didn't understand what he said. The guy on the radio who wanted to leave was the same, he was scared of ending up in court, the lawyer told him a 'law' has to be broken Then he was wrong. But I doubt he actually said that. companies contracts are not laws.Correct. They are terms & conditions, employment law is covered in them, it has to be, but all the add on's are just that, add on's no legal right. If you agree to the terms of a contract then the contract is binding (with some exceptions). The remedy for someone breaking a contract is to take them to court, the court can only award real damages though, ie a loss that has really been suffered due to the breach of contract. ---------- Post added 20-12-2012 at 16:07 ---------- To sue someone. a law has to be broken, No. http://www.dailymail.co.uk/news/article-104038/Mother-wins-breach-contract-case.html Look, the 1st example that comes up from a google search. It even goes to show that the contract is binding both ways Ms Crooney added that the way Mrs Bryne was sacked "left a lot to be desired" and a breach of contract had taken place as she was entitled to six months' notice instead of the three given. She added that Mrs Bryne would also receive damages for unfair dismissal as she would have been able to claim damages if she had been given her full six months' notice. Ms Crooney said: "The further notice time would have given her the chance to claim for unfair dismissal and had she been able to bring the complaint she would have been successful." Link to comment Share on other sites More sharing options...
gravity426 Posted December 20, 2012 Share Posted December 20, 2012 alot of people here suggesting the OP should do the 'right thing' by their current employer and miss the start of his/her new job. We are talking about a retail sector job with a 1 week notice period, since this person has already handed in their notice and stirred up this issue with their employer, in what world would you then miss the opportunity of a new job? I would imagine any company employing a lot of casual staff have the same issues on a regular basis. --------------------------- Re: not being able to give bad references, it has certainly been my experience that companies that employ more than a couple of staff don't even give 'good' references anymore, and simply stick to "this person has worked here for x and has had x number of sick days". This is most likely because it is often impossible to get an objective opinion of an employee for the purposes of reference,exposing the company to legal action in the future. Thats really what I was getting at, I don't believe there is a law against giving a bad reference, but there is against libel and defamation. Link to comment Share on other sites More sharing options...
acman Posted December 20, 2012 Share Posted December 20, 2012 Unsure on the mail link. OK, I'm wrong, Goodnight, off home now. regs, Link to comment Share on other sites More sharing options...
Total Chaos Posted December 20, 2012 Share Posted December 20, 2012 I don't understand, in your first sentence it' s breach of contract, in you last sentence a contract isn't law, That's what the lawyer on the radio said, note he was a lawyer, The guy on the radio who wanted to leave was the same, he was scared of ending up in court, the lawyer told him a 'law' has to be broken, companies contracts are not laws. They are terms & conditions, employment law is covered in them, it has to be, but all the add on's are just that, add on's no legal right. ---------- Post added 20-12-2012 at 16:07 ---------- To sue someone. a law has to be broken, Its a waste of time he will bang on,like he is a lawyer or something and keep tripping up.I used to think he knew alot until i had a debate and loads of stuff he was saying was wrong,even though i had evidence on some stuff and have even done the stuff and i never got took to court or fined. Link to comment Share on other sites More sharing options...
ryder8904 Posted December 20, 2012 Share Posted December 20, 2012 Take it on the chin as one of lifes lessons. If changing your job costs you some of your wages then live with it. Its not the end of the world and I am guessing your now in a job which will make you happier? ---------- Post added 20-12-2012 at 17:16 ---------- The thing which annoys me about the original post is the timing. You work for a shop in Meadowhall and have just tried to quit without working your notice during the BUSIEST TRADING WEEK OF THE YEAR! Just before Christmas you hve left them with a problem. You probably deserve to lose out financially on this one. Link to comment Share on other sites More sharing options...
Total Chaos Posted December 20, 2012 Share Posted December 20, 2012 Take it on the chin as one of lifes lessons. If changing your job costs you some of your wages then live with it. Its not the end of the world and I am guessing your now in a job which will make you happier? No, thats tomorrow Link to comment Share on other sites More sharing options...
Cyclone Posted December 20, 2012 Share Posted December 20, 2012 Its a waste of time he will bang on,like he is a lawyer or something and keep tripping up.I used to think he knew alot until i had a debate and loads of stuff he was saying was wrong,even though i had evidence on some stuff and have even done the stuff and i never got took to court or fined. Your 'freeman on the land' nonsense again. Give it a break. Link to comment Share on other sites More sharing options...
zippy Posted December 20, 2012 Share Posted December 20, 2012 The OP is a fool for telling his new employer he could start immediately The OP has almost certainly breached his contract -this isn't about over long notice periods or anti competition clauses it;s about a simple one pay period notice A lot of the advice given in the thread is plain wrong and/or freeman-wibble The OPs previous employer could decide that they need to provide an addendum to any reference they given about their need to summarily dismiss him for breach of contract. Link to comment Share on other sites More sharing options...
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