Minimum notice to leave job? Never signed a contract.

[RDH]

I am in my eighth month of employment for a company and although offered a contract at the start I never signed as had reservations about some of the points. I raised this at the time and was told by the boss we'd get around to it. This never happened.

I recently had a review that was due after 6 months although I had to chase and chase for this. It was a month late and didn't go particularly well as my employer turned down (unfairly I feel) the pay rise I was expecting after a ’successful probation period'. He said we'd discuss pay at my next review and although he never said so I assume that I am still on probation. I found the whole situation very depressing and unsettling. I travel a long way to work and can't afford to continue to make the journey without the pay rise.


I have just been offered alternative work freelancing for 3+ months for another former employer and the pay, conditions and work are much more appealing.


The snag is that they need me to start quite quickly. In the light of the facts above what kind of notice should I realistically and fairly expect to have to give?


This opportunity represents a real chance for me to change a bad situation but I need to act quickly or that door will close again.


The contract that I refused to sign at the start of my employment states that the employer must only give me 1 weeks notice up the completion of my probation period, however I am to give him 3 months! This was one of the main reasons I didn't sign and several people have left during this year without giving such a ridiculous amount of notice.

[vanman]

Re: Minimum notice to leave job? Never signed a contract.

In my opinion and its no means a professional opinion
If you are not happy with you current job as it near the end of the month and pay day wait until your pay is safely in the bank and tell the boss you are not coming in any more.
You may lose some holiday pay but the fact is that you will recoup that because you will save on
Your travel to work cost

Your wellbeing is more important.


If an employer withholds money owed because you gave incorrect notice

If you leave your job without giving proper notice, your employer may try to withhold part or all of the money owed to you. In general, employers are not legally entitled to withhold money owed, unless your employment contract allows for it.

If this happens, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

For more information in England, Wales and Scotland about your rights when your employer withholds money owed to you, see Employer withholds your pay in Employment fact sheets.

[Johnboy007]

Re: Minimum notice to leave job? Never signed a contract.

Hi,
The statutory minimum amount of notice you must give is one week when you've worked for your employer for one month or more. If your contract requires you to give more notice than one week then you should give it.
So the answer to your question is one weeks notice.
You should make it clear to your employer that you're formally resigning. You can give your resignation verbally, unless your contract of employment says it must be written. However, it's always a good idea to put it in writing, saying

• how much notice you are giving
• what your last day will be

As you never signed a contract of employment, one weeks notice will suffice.

Your employer isn’t allowed to make deductions unless:

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
• you agree in writing
• your contract says they can
• there’s a statutory payment due to a public authority
• you haven’t worked due to taking part in a strike or industrial action
• there’s been an earlier overpayment of wages or expenses
• it’s a result of a court order

If a deduction is made that is not covered by any of the above, then it is an unlawful deduction, and you can make a complaint to an Employment Tribunal.

Good luck in your new job

[des8]

Re: Minimum notice to leave job? Never signed a contract.

Your type of quandary was discussed fairly fully in this thread, which you might care to read:
http://www.legalbeagles.info/forums/...ht=#post461751.
It supports what you have already been told above.

[RDH]

Re: Minimum notice to leave job? Never signed a contract.

Thanks all for the advice. With regards to the 'contract' I was handed on my first day back in January I expressed my concern at the time with my bosses PA and requested it be amended or clarified before I felt I could sign it. I told her I was was specifically concerned about what I considered to be an excessive length of notice that I was expected to give if I wished to leave (3 months from DAY 1 whilst he could get rid of me at the drop of a hat)


She told me she'd raised this with him but I heard nothing further. She stopped coming to work a few weeks later never to return. No one in the company except for the boss knows why she no longer works there but he has continued without a PA ever since.


None the less I reminded him in February that we still needed to discuss my contract and he said we would get around to it but 'the way time was flying we'd probably have my review first'.


This was to be my six month review that I finally had after over seven months and had to chase for to make it happen. The same review where he chose to focus only on negative aspects instead of the overwhelming positive efforts I had put in!


From a workforce of 15 people 8 have left in the past 12 months. The case of the vanishing PA is not an isolated one ;-)


That aside does the fact I have an albeit unsigned contract stating 3 months notice (which makes me pretty much unemployable) mean that I am in any way held to it?

[ironman]

Re: Minimum notice to leave job? Never signed a contract.

A contract of employement can be implied, Does not have to be signed to be effectual in law. The legislation does stipulate that a contract or employee hand book is made avaliable to the employee within 60 days. If all the other employees are on the same contract then you can be held accountable if you leave early. That being if the employer has to employ a temp as a temporary measure, and the cost of that temp through the breach of that contract in not giving the required notice period.

[RDH]

Re: Minimum notice to leave job? Never signed a contract.

As I mentioned several people have left this year and none have given more than 4 weeks notice, some have given less and the PA just didn't come in one day.

I disputed the contract from the start and it's not like I willingly complied with it. When I chased for my review meeting one of the things I requested in writing was that we look at the contract but he ignored that and to be honest I was so taken aback by the negative tone of the meeting that I didn't raise the issue either.

[Johnboy007]

Re: Minimum notice to leave job? Never signed a contract.

A contract of employement can be implied, Does not have to be signed to be effectual in law. The legislation does stipulate that a contract or employee hand book is made avaliable to the employee within 60 days. If all the other employees are on the same contract then you can be held accountable if you leave early. That being if the employer has to employ a temp as a temporary measure, and the cost of that temp through the breach of that contract in not giving the required notice period.

As the OP has made clear to the company, that having to give three months notice is unacceptable by refusing to sign a contract, pending negotiations, then one weeks notice is sufficient.
Implied terms are usually those which are so obvious, that they do not need to be written down.
For example, 'You do not steal from the company'. 'You carry out your duties'
Having to give three months notice, is not an obvious thing, so could not be an implied term.
Legislation covers minimum notice required.
Employer in this case has not conformed to OP's request, for clarification or negotiations, on the terms and conditions of the contract, which OP has not signed.
So OP is within her rights to give just one weeks notice as per legislation.
I would assume, that other workers would have accepted the contracts by signing them.
OP has not agreed, so implied terms would not be applicable with regards to length of notice, which is an unreasonable amount of time.

[ironman]

Re: Minimum notice to leave job? Never signed a contract.

It does not matter that the employee has not signed the contract, by continuing to work the employee will have accepted those contractual terms through implied consent.
If the employee thinks a contractual term is unacceptable, or change to a contractual term, he has three choices open to him:

1/ Accept the change
2/Accept the change and work under protest
3/ Resign and claim constructive Dismissal

[RDH]

Re: Minimum notice to leave job? Never signed a contract.

It is an unreasonable amount of time for sure. I am not a high flying exec or board member, I am a 'lowly' artworker.

When my predecessor left before Xmas they left it very late to find a replacement and I was approached brought a mutual connection. Tbh I wasn't sure I needed to take it's was doing ok freelancing. I think his attempt to hold be to 3 months is as he knows from previous experience I may be tough to replace. Perhaps he should have thought about that?

[ostell]

Re: Minimum notice to leave job? Never signed a contract.

There is not implied consent. On the contrary he has indicated to his employer that he does not accept the conditions and was awaiting a variation.

[RDH]

Re: Minimum notice to leave job? Never signed a contract.

There are several factors in this that could point to constructive dismissal but I'd rather not go down that path. I think his attitude and actions are more a result of arrogance and ignorance than actual premeditation.

[ironman]

Re: Minimum notice to leave job? Never signed a contract.

If that objection has been made through official means such as a written protest or Grievance, then that will be acceptablle and a weeks notice will be sufficient

[RDH]

Re: Minimum notice to leave job? Never signed a contract.

I didn't put in writing at the time that I had a grievance as I thought I would be out before I'd started had I done so. I did however speak to his PA and make it clear I was not happy to sign those conditions. As I said I have been waiting for clarification and review ever since.

[Johnboy007]

Re: Minimum notice to leave job? Never signed a contract.

I didn't put in writing at the time that I had a grievance as I thought I would be out before I'd started had I done so. I did however speak to his PA and make it clear I was not happy to sign those conditions. As I said I have been waiting for clarification and review ever since.

Just give them one weeks notice and then wave goodbye.........