Changing job within notice period. Advice needed!

[filthiestfis]

My girlfriend currently works in a well known high street restaurant chain and is looking to move to another job. She has been offered a trial at another restaurant and if offered a job would have to start in just over a week. The problem is that this is not enough time to give notice to her current employer. Her current employer contract states that she must give one week notice, however, they have verbally informed her that her notice is two weeks. Surely they must adhere to the one week as stated on the contract?
Also, what would happen if she leaves her job before the notice is up? Will she not get paid for the days worked? Are they entitled to keep her money? Its a risky move because the new employer is asking for a one month trial, so she could end up without a job either way.

[Ethel]

If it is stated in her contract that she must give one week's notice, that is all she should give.

Any change must be in writing.

The worst they can do is refuse to pay her monies owed, which she could recover through the courts or tribunal.

[filthiestfis]

Is it illegal for them to withhold payment if employee leaves before the end of the notice period?

[Ethel]

No, because the employee is in breach of contract

[filthiestfis]

but the employee is in breach of contract if they leave before the end of the notice period.

[Ethel]

That is what I said - the employee is in breach so the employer can withold money

[filthiestfis]

sorry. So whats the point of going to the courts or tribunal if they are within their right to withhold payment?

[Ethel]

Start again.

She has to only give one week's notice - that is what is in her contract and there is nothing to say it has been revised.

If she leaves after one week notice and does not receive all the monies owed to her, she can take action to recover it, even if her boss says she should give two weeks notice.

If she leaves before the one week's notice, she can have pay stopped.

[therubster]

ethel is right,

also, if she has any holidays owing to her and she does not work her notice then she will lose all of her holiday pay owing to her if she has accrued any.

[filthiestfis]

ok thank you and now thats sorted.

[buildersmate]

Sorry, Ethel, but I don't think some of the above is right.
Agree that the employee is required to give one week's notice.
If the employee doesn't, the employer CANNOT withhold wages, however the employer could sue in the courts for damages for the breach of contract (however employers rarely do this).
Irrespective of whether the employee has breached the contract, the employer cannot deny the entitled holiday pay, Rubster.

[biatch20]

Iwould advise her to put holidays in for this week to give the new job a go without it effecting her current job and if she doesnt like it then she has lost nothing but am employer cannot withold wages that have been earnt unless the employee OWES the employer for example an unreturned uniform etc..otherwise they cannot withold her earnings

[filthiestfis]

Thank you all. I think...in order to clarify this situation I will give ACAS a call tomorrow monday.

[pandabear123]

if your girlfriend is paid by the hour she only legaly has to give 1 weeks notice although people do give more sometimes out of courtesy and to keep on good terms with ex-employers.

their legal right to withhold pay is limited. it is something to do with loss of earnings although i cannot remember the exact wording it basicaly means, if your girlfriend gives 1 weeks (5 working days) notice and only works 4 shifts they can withhold 1 days wage.

i hope that makes sense.

Best advice i can say is go to citizens advice so that everything is fully and clearly understood so you know exactly where you stand, because some employers, although sad to say, will do everything in their power to put you through hell