No contract of employment

[lauralouise660]

I started working for my current company 29th september this year. I did not receive an offer letter or contract of employment. The company is not very good and im working 60+ on a weekly basis due to being understaffed. Which is not on really. I have been offered a fantastic job offer for a large reputable company which i have accepted. How much notice do i have to give my present employer?

[ostell]

Re: No contract of employment

1 week, I believe is the answer. Don't forget to ask for your holiday pay ! 1 weeks wages approx without doing a full calculation.

[teaboy2]

Re: No contract of employment

Yep 1 week notice is the minimum required when you have worked 1 year or less. It is then 1 week for every year up to 12 weeks maximum - The company may well try and tell you otherwise i.e. that your contracted to give 1 months notice - But as you have no written contract then you have no such contractual term and are only required to work 1 weeks notice.

If they are funny about it. Point out to them that not only are they in breach of the section 1 of the employment rights act 1996 for failing to provide you with a written statement of particulars (written contract) but they are also in breach of the working time regulations for making you work more than the maximum 48hrs per week, without a signed opt out from you!

[lauralouise660]

Re: No contract of employment

Yep 1 week notice is the minimum required when you have worked 1 year or less. It is then 1 week for every year up to 12 weeks maximum - The company may well try and tell you otherwise i.e. that your contracted to give 1 months notice - But as you have no written contract then you have no such contractual term and are only required to work 1 weeks notice.

If they are funny about it. Point out to them that not only are they in breach of the section 1 of the employment rights act 1996 for failing to provide you with a written statement of particulars (written contract) but they are also in breach of the working time regulations for making you work more than the maximum 48hrs per week, without a signed opt out from you!

Thankyou i have jusy emailed it over to my manager and will give her a paper copy tomorow also i have given one week as of tomorow. Amd have clearly states that due to not having a contract or terms and conditions of employment i will be leaving next friday.

[teaboy2]

Re: No contract of employment

Thankyou i have jusy emailed it over to my manager and will give her a paper copy tomorow also i have given one week as of tomorow. Amd have clearly states that due to not having a contract or terms and conditions of employment i will be leaving next friday.

Ok let us know what if any response you get!

[ailegalcounsel]

Re: No contract of employment

One week is the minimum time period some companies demand's 15 days notice before resigning from your position.

[teaboy2]

Re: No contract of employment

One week is the minimum time period some companies demand's 15 days notice before resigning from your position.

True, and they can demand all they like. But if they have not given the Employee a written contract then the employee entitled to only give 1 weeks notice for every year they have worked there up to 12 weeks maximum i believe! So 1 week if you have been their a year, 2 weeks if 2 years and 12 weeks if 12 years!