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Black Orchid
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They have to give you your P 45 the only thing it makes it hard to get dole or your stamp paid and tons of paper work .
So if you could it would be best to find another job first but i know whats its like i have been there and walked out |
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mainwoolly
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Even though you haven't signed anything you do have a contract of employment. Every employee does.
If you walk out, they can't withhold your P45.
Of course if you walk out mid month and have been paid for the full month, they could sue you for the return of any overpaid wages.
The only problem you will have is that if you walk out you will find it hard to make a claim for unemployment benefit.
The Employment service will want to know why you left and will not pay benefits if you left for no good reason.
Best to find yourself a new job before walking out of the current one. |
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Lesley T
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I would find some other job first and then walk ... |
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treving 42
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Be aware of the fact that if you do walk you may well have a long wait before you are able to claim benefits that is assuming you do not have another job to go to.
Speak to someone at your local job centre about this and let them know what's going on before you do anything drastic.
(Forgive me my assumption as you did not state if you had further employment to go to - or if you intended to claim benefit) |
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Tufty Porcupine
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As you have been there for 10 weeks you employer must by law have provided you with a written 'statement of particulars' which must give details of your job role, whether you are on a permanent or fixed-term contract, your holidays, your pay and your notice period.
Most of the answers above are incorrect (but Mainwoolly is correct). In the UK it is not necessary to sign a contract of employment. Anyone who works has one. You have entered into a contract with them by working for them and getting paid.
If your employer has not issued you with a statement of particulars (aside from the fact that they are in breach on employment law!) the minimum notice period under law is one week. So, give them one week's notice of your intention to leave. If you have been issued with a statement of particulars and it states that you must give more notice (e.g. one month) then you must give this. If you do not give the required notice, yes, you could be sued, if the employer can prove that they have been financially disadvantaged by you leaving prematurely. It isn't very likely as it is a lot of hassle for the employer to go through, but not impossible.
They cannot refuse to send you your P45 though!
In relation to money owed - yes if you have had 2 weeks holiday then an adjustment will be made to your final pay packet.
Matchstick's suggestion would only be worth doing if you are not paid in arrears, which many employees are. If you to leave employment owing the employer money I think you would most certainly be sued (especially be a leagl firm!!) |
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dvl_n_dskyz
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r u a temp or what?
i'm no legal advisor or anything but i don't think they can do anything for you quitting... |
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**tomtom
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Are you getting paid at all ?
If you have no contract then they can refuse to pay you a wage.
They cant sue you for walking out
But they can refuse to pay you. |
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bouncer bobtail
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They can require you to work your notice, which will be something less then 28days. Most employers don't like to take the risk of having an unhappy employee around, they can't really force you to work just turn up, so they will most likely just let you go. You may have some holiday entitlement to use as well of course.
If you leave a job with a good reason, you will lose some benefit entitlement. I think this can be for up to 2 months. Its not difficult to come up with reasons, but if you intend to sign on, make sure you have one before you do so.
You best bet is to check with the citizens advice bureau they should be able to give you a more definitive answer. |
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i give up
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was in a similar situation and i walked - didnt need it am now looking for something else. if you have no contract they can't touch you and they have to give you your P45 |
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richardwales79
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If you havnt signed a contract then they have nothing against you. |
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k
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If you walk out WITHOUT giving them the MINIMUM ESSENTIAL 4 weeks notice (this still applies if NO contract has been signed) your employer can LEGALLY keep any money that you have earnt since the last pay day AND ask for some money back.
ALL employers are LEGALLY obligied to actually hand an employee a P45 when they leave. They will be in serious trouble with the Inland Revenue if they don't. |
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Shane
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No contract? No legal commitment. You can walk whenever you please just as they can fire you if they please. You just can't collect unemployment insurance. |
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Dogs Rock!
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If you have no contract then there's nothing to break. Just make sure you're doing the right. Weigh it all up for 10 mins and then make your decision. Good luck. |
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matchstick
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I know this may be obvious but I thought I would mention it because a simalar thing happened to me. Don't leave until the day your money is paid in. Check with your bank the funds have cleared then telephone them to say you wont be coming back. Easy Peezy |
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K B
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No they can't. If you haven't signed a contract then you are not under any legal obligation to do anything; not even to give any notice. They have to pay you for whatever hours you have worked and they have to provide you with your P45 (although your new employer can get by without one of those if they have to). Go now so you don't waste the whole day! |
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gemma r
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If you haven't signed a contract then there is nothing they can do. I'd go and find a job where you are treated properly. I think you're being taken for a fool. Good luck! |
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Ylang-Ylang
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You have no contract so they cant do a thing - walk out now! |
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rm
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my daughter walk on her job and they wont give her money untill her p45 come through what should she do??? |
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