Leaving job, no contract

[pe-goose]

We work in a truckyard(whilst I study on side)
After a yr or 2 anaother company took the co tract snd we tuped over, apparently wage and everything would remain same. We however never received new comtracts,any legal documentation..or anything tbh. We've asked HR. Anyway my workmate has finally had enough and found another job. He's left 1 weeks notice and he's off. The manager said we needed to leave 1 month, however we've asked for a while for contracts or copies and been ignored. Got emailss of us asking. Will he had to stay for the month as hes ready ro walk.

[ULA]

If you were TUPE'd over on the same contracts as with your previous employer what does that contract state about notice periods to be given on resignation?

[pe-goose]

Well I didnt have the old contract, however I contacted my old company, they sent me a contract with my name on unsigned...however I signed it so that wasnt mine. However he asked the manager and he said we all signed one with our 1st wage, no we didnt. I havnt signed anything and asked the other 2 guys and they never signed or received anything. I didnt get the bank holiday rate at christmas and HR said thats not in our contract, I asked 3 times to see the so called contract, no copy sent no reply or anything. I know others have asked aswell. We have received nothing off of them, we were told when they first started we would but nothing. I think over time weve forgotten until now.

[theberenger]

Well I didnt have the old contract, however I contacted my old company, they sent me a contract with my name on

So what notice period does that contract require you to give?

If your employer cannot produce a signed contract, or any other means of proving that your friend agreed to a 1 month notice period, the minimum your friend would be obliged to give would be 1 week; however, you'd want to be certain the employer cannot produce a signed contract, or other proof, because in theory your friend could be in breach of contract if they walk out early.

A generic copy contract with your friend's name on would not be sufficient to hold him to the notice period therein. The employer would need to demonstrate your friend actually signed, or otherwise agreed, to its terms.

As with most things of this nature, it is likely better to approach this with your sensible hat on. If it were me, I would approach HR and attempt to have a conversation with them about a mutually-agreed solution. You can always point out that they have not been able to demonstrate any agreement to their contractual terms, and therefore you consider your obligation to be 1 week; however, you are willing to compromise with them. Perhaps you could negotiate with the new employer and your current to a 2 week notice period, or some such similar arrangement. If an impasse is reached, you can simply revert to your position of asking them to demonstrate your agreement to 1 month.

Having said that, I would urge you to wait for ULA, Atticus or someone else more knowledgeable in matters legal before you action anything I've said.

[ULA]

This obviously relates to your friend so it would be his contract that would be relevant as he is the person who has handed in their notice.

On being TUPE's over then your ex-employer should have transferred all your personnel files to the new employer so they easily be able to provide your friend with the copy of the relevant contract.

Your friend needs to go back to his manager or HR and state that they need to provide a copy of the contract that sets out that a month's notice needs to be provided.