Stupid people (Vicky Pryce jury discharged)

[Nibble]

@Superphil, not having a pop but you are exactly the type of person your company seeks out. You don't believe you can do better because you didn't go to uni, you don't know your rights, the company has you believeing they cannot manage if staff are off, and you get them sales. If an employment lawyer got hold of this lot, especially with the caveat that you have to be in contact on holiday I would imagine your directors would be forced to either go on a workers rights course, be prosecuted or dismissed. Likely all three. Get another job mate, you are worth more than these bastards.

 

[Washboard Didgets]

Assuming it's part of your statutory leave then your company are sailing very close to the wind legally - a good employment lawyer would have a field day with that condition ! The problem with many employment contracts is they contain wholly illegal or at a minimum, unenforceable, clauses. Given what you've told us about your employer I bet your contract has a clause about not being allowed to work for a competitor for say six months after you've left ? Employers put this clause in with the hope that employees don't know their rights - it's actually totally unenforceable.

My contract says that, and also states that I have to give one weeks notice for each year of service (so currently 10 weeks notice). Out of interest is your statement above factually correct? Is this from personal experience or professional knowledge?

 

[Superphil]

I appreciate all of your comments people, and if I do ever find myself in a situation I shall most certianly be thinking more like you have suggested.

For years I've looked at what I do as a means to an end, something I'm half decent at, but with the understanding that I am only as good as this months sales figures. I was ony once given an ultimatum over poor sales, I started looking for another job, but actually got myself back on target. I did actually find another job, and took it anyway, their attitude was much the same, and after 2 years of struggling to hit target (with little or no back up, marketing or business development help) I left there. That was 5 years ago and find myself where I am now. It's still the same score, sell, or I'm out, but I have done OK for most of the time, it's crap right now (thanks to the economy), but the pipeline looks promising, I've probably got till the summer to get on track before I'll be having my next 'chat' with the MD. I don't think I'll jump ship if it comes to it, but if they sack me, I'll know where to come for advice

 

[Westdene Seagull]

My contract says that, and also states that I have to give one weeks notice for each year of service (so currently 10 weeks notice). Out of interest is your statement above factually correct? Is this from personal experience or professional knowledge?

I can't comment legally on your notice period although I have been advised by a solicitor, if you didn't serve it all the company can do is sue you for any loses they incur because you walked out. Highly unlikely any company is going to want to be seen to do that ( you won't get a reference though ! ).

The restriction on working for a competitor is unenforceable and I know that because my solicitor told both myself and my then employer who I was in dispute with that it was and to sue me if I went to a competitor. She was adamant they couldn't win as it's a restriction of trade ( I can't remember the exact Act or wording that's involved ). It gets even more important that the restriction isn't enforceable the more specialist your job and skill set is.

EDIT - as an example, say you were a BT Openreach engineer - the guys that run the cables in the street into buildings etc. If you left BT where exactly are you going to be able to go - Virgin possibly or other Telecoms companies - all competitors. Therefore, if you had that clause how could you earn a living if you left BT ? Totally illegal.

 

[Hillian1]

I appreciate all of your comments people, and if I do ever find myself in a situation I shall most certianly be thinking more like you have suggested.

For years I've looked at what I do as a means to an end, something I'm half decent at, but with the understanding that I am only as good as this months sales figures. I was ony once given an ultimatum over poor sales, I started looking for another job, but actually got myself back on target. I did actually find another job, and took it anyway, their attitude was much the same, and after 2 years of struggling to hit target (with little or no back up, marketing or business development help) I left there. That was 5 years ago and find myself where I am now. It's still the same score, sell, or I'm out, but I have done OK for most of the time, it's crap right now (thanks to the economy), but the pipeline looks promising, I've probably got till the summer to get on track before I'll be having my next 'chat' with the MD. I don't think I'll jump ship if it comes to it, but if they sack me, I'll know where to come for advice

I'm in sales in my company, the sales team consists of me.

I've had to do Jury twice now, you can ask to not be selected for long trials but that's about it. If you're called there is virtually no way out.

 

[Pinkie Brown]

I can't comment legally on your notice period although I have been advised by a solicitor, if you didn't serve it all the company can do is sue you for any loses they incur because you walked out. Highly unlikely any company is going to want to be seen to do that ( you won't get a reference though ! ).

The restriction on working for a competitor is unenforceable and I know that because my solicitor told both myself and my then employer who I was in dispute with that it was and to sue me if I went to a competitor. She was adamant they couldn't win as it's a restriction of trade ( I can't remember the exact Act or wording that's involved ). It gets even more important that the restriction isn't enforceable the more specialist you job and skill set is.

Rather than enforce a notice period, depending on the sensitive nature of the business, some employers will stick a resigning employee on 'gardening leave' for the period of their notice.

Worked nicely for me a few years back.

As for the Op's company - An prime example of what is wrong in the employment world of GB plc today. Anyone who expects their employee's to be on call during annual leave has no right being in business.

 

[pasty]

I'm in sales in my company, the sales team consists of me.

I've had to do Jury twice now, you can ask to not be selected for long trials but that's about it. If you're called there is virtually no way out.

I was called up a few years back, but happened to be working on a very important (to my employer) outsourcing project that was nearing the end at the time, and a letter from my employer got the jury service cancelled.

 

[Hillian1]

I was called up a few years back, but happened to be working on a very important (to my employer) outsourcing project that was nearing the end at the time, and a letter from my employer got the jury service cancelled.

Wow, I've heard of it being deffered but never cancelled.

 

[pasty]

Wow, I've heard of it being deffered but never cancelled.

Sorry, you are right, it was deferred, but I didn't do the second call either as I had a pre-booked holiday abroad that time! Never heard back after that one.

 

[happypig]

Wow, I've heard of it being deffered but never cancelled.

My wife got called when she was breast feeding, rang to ask to be deferred and she had it cancelled. She was gutted are she always wanted to do it.