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Thread ID: 64412 2005-12-14 09:48:00 Employment Rights roddy_boy (4115) PC World Chat
Post ID Timestamp Content User
412626 2005-12-16 22:04:00 I don't have holidays too...doing graveyard shifts...the best shifts...no one to bother me... Mr Wetzyl (362)
412627 2005-12-17 02:19:00 curious........

Does quiting and getting fired have the same legal rights?

:illogical

beetle

NO!

Quitting is the employees decision. It means you get your normal pay, holiday pay, and you should work out a period of notice eg. 2 weeks or whatever is agreed. Salaried jobs can require 3 months notice but 1 - 4 weeks is normal.

Being fired is the employers decision. It means you get the same money owing as above but leave immediately. Sometimes this may include a payment for the notice period but you don't have to work through it.

Being fired may also give you rights for a claim of unfair dismissal. It depends on the reason and the process used.

Interestingly, quitting can also lead to a claim of constructive dismissal. You may leave because work has been made deliberately intolerable. In other words you've been forced to leave and that is unlawful.
Winston001 (3612)
412628 2005-12-17 02:40:00 Being fired may also give you rights for a claim of unfair dismissal. It depends on the reason and the process used.

Indeed,even if dismissal is justified it can still cost the employer.
We found that out on the vineyard,to my dismay,cheaper to pay out than fight.
Swines,that this lot we can thank for that. :(
Cicero (40)
412629 2005-12-17 03:34:00 What happens if one quits without giving the agreed notice? roddy_boy (4115)
412630 2005-12-17 04:26:00 What happens if one quits without giving the agreed notice?
Speaking from the comfort of ignorance of employment law,it will depend upon what your employment contract says. If you are Ian Fraser, then you walk away with a packet, a very big packet indeed :eek:
Terry Porritt (14)
412631 2005-12-17 04:30:00 Being fired may also give you rights for a claim of unfair dismissal. It depends on the reason and the process used.

Indeed,even if dismissal is justified it can still cost the employer.
We found that out on the vineyard,to my dismay,cheaper to pay out than fight.
Swines,that this lot we can thank for that. :(



But isn't that what the employment court is for? To decide if dismissal is justified or not?

Having lived in Dorset for 7 years, then I support the Tolpuddle Martyrs ;)
Terry Porritt (14)
412632 2005-12-17 04:54:00 I didnt sign any contracts, just texted him this morning telling him i quit, and would drop my uniforms off tomorrow. Am i still entitled to all my pay? roddy_boy (4115)
412633 2005-12-17 06:28:00 I didnt sign any contracts, just texted him this morning telling him i quit, and would drop my uniforms off tomorrow. Am i still entitled to all my pay?
that not a good thing to do. at least try to keep it friendly and upfront. afaik you loose your weeks pay if you walk off the job. would have been better to resign, do the last week or so and collect the $$$
tweak'e (69)
412634 2005-12-17 06:45:00 If lack of a signed contract means that a default one is in place then you have probably breached that default one, as tweak'e says.

That's certainly not a responsible way to go about leaving, and one day may count against you getting a better job ....
godfather (25)
412635 2005-12-17 07:11:00 A text is not an acceptable form of resignation. When I was managing sites, our employment lawyer told me that texting was unacceptable due to the fact that I have no way of proving who actually typed and sent the text. You really need to give it to them in writing or speak to them in person. 4bes (2848)
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