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My boss won't let me start my new job...

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  • My boss won't let me start my new job...

    Hi guys,
    Will try and keep this as short and sweet as poss,
    So I work for a small business (4 of us in total) and recently due to covid my boss decided to shut the business, cease trading and sell all the livestock, chickens in our case, this was 2 weeks ago.
    I have been on furlough for around 4 weeks now due to the business shutting down, we were all told we were furloughed until end of June but no redundancy package has been discussed even though the business is shut now.
    There was the possibility a couple of weeks ago that part of the business making jarred Condiments, which is what I did, would be sold to another company taking me and my collegue with me, this would have meant my boss and my other collegue would be out of work however it was my bosses decision to close so I didn't see the problem with that.

    As of a few days ago the deal to sell the condiment part has fallen through due to my boss deciding she wanted to sell it to someone (in my opinion) unreliable, unprofessional and generally thought it was a silly idea however this would have POTENTIALLY meant jobs for all 4 of us rather than just 2, I say potentially because nothing was definite it was just an idea at this point.

    About 2 days after this the owner of the business who was originally going to buy the condiment business offered me a full time job with a significantly higher salary and as I believed he was the best person to by the condiment business I was very happy with this and had pretty much made up my mind that that's what I wanted to do because the other thing my boss was planning was not even close to starting up and as I am on furlough with the business closed I need an income, I cannot sit here with no job.
    In order to give my boss as much time as possible to accept that I was leaving I phoned her up to tell her I'd had another job offer and that I was going to accept it. This call lasted approximately 20 seconds, I didn't get to even say anything before she told me to "**** off" and hung up the phone on me.

    As I have worked with her for nearly 9 years this came as such a shock to say the least, I've never had any sort of argument with my boss and I've gone through very hard times during my employment so the fact she told me to "f*** off" was so shocking.
    She is now claiming I need to fulfill 4 weeks notice before I can start my new job EVEN THOUGH I'm on furlough and the business has closed, she is claiming an out of date contract from 2013 is still valid even though my job title, salary, hours and more has changed since then. I have not recieved an updated contract since then.

    I am now planning to ignore her request and start work for my new employer as I don't believe she has a leg to stand on even if she was to sue me as she cannot prove a loss of income due to me not completing my notice period not to mention the fact that she told me to "f*** off".

    My new boss has been extremely supportive and has also agreed that I start work with him because he's very angry that she let him work for 2 weeks ready to buy the business before pulling out and then trying to get back at him via me.
    ​​​​​​​
    Sorry its such a long story haha its been a living nightmare to be perfectly honest I'm just looking to see what other people's thoughts are on this?
    Tags: None

  • #2
    I am a bit confused as to whether you are still on furlough, notice of redundancy, or the business is being transferred, however I guess as things sound so confusing you are not sure either and I can understand you wanting to secure employment.

    The minimum statutory notice that you have to give if you have no contract is one weeks notice. If your employer is quoting an old contract that requires you to provide longer notice i.e. the month that has been mentioned I would suggest that you go back to your boss and say that given the circumstances under which she responded to your resignation you have deemed it to be acceptance and that she requires you to go immediately which is what you are intending to do. You may want to mention that as she wants you to leave immediately you may actually be due pay in lieu of notice and you are most definitely due any accrued but unpaid holiday up to the date of your resignation.

    By the way have you got a written contract from your new employer. I would suggest for your own security that you ask them to provide a written statement of particulars at the very least.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      Hi thanks for replying , yeah as far as I'm aware we were all furloughed while some bookkeeping was completed but it was very confusing.

      I agree that when she said what she did that was termination of my contract at that point, she said that to me on the 19th May and I'm not starting new job until 1st June so I guess that means I am completing some notice?

      I will check to see if I'm due any holiday pay and my new boss has confirmed I will receive my new contract on 1st June and my pay will start then as well.



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      • #4
        Thanks for the update and if you have any more questions then just pop back to this thread.*
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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