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How much notice must I give when it's not written/stated in contract?

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  • How much notice must I give when it's not written/stated in contract?

    Hi Everyone,

    I have recently been offered a job (woohoo!) with a new company. They are keen to get me in ASAP and thus would like me to start within 1 month.

    I've been working for almost 10 years for my employer (small business) and am in a manager role. I'm very much a valuable member of the company, but unfortunately, I wish to move on for a number of reasons.

    I can't find anything that states what amount of notice I must give. I've checked my contract (which doesn't exists as it was a verbal contract), employee handbook, previous emails and any other written material I can get my hands on which might state it.

    From what I understand on the gov.uk site, I am only legally required to give 1 week, however that would be quite cruel. I could request up to 3 months if needed due to the amount of time I have worked there.

    I don't wish to 'discuss' my notice period with my boss or enquire as he will get a sniff and write up some sort of agreement into my employment terms quickly to try to hold on to me as long as possible and buy the company as much time as possible to adjust.

    Therefore, I would like to know if I'm correct in believing that I am only legally required to give 1 week (although I intend to give more). If this is the case, I am likely to give 3-4 weeks notice within my letter of resignation. I don't intend on burning any bridges.

    Thanks for any advice or reference websites you can provide!

    Cheers,
    BL
    Tags: None

  • #2
    Re: How much notice must I give when it's not written/stated in contract?

    Hi BinaryLoser and welcome to the forum. You are correct thelegal statutory notice that you need to give is one week and this is unaffectedby your nearly 10 years of service
    If your contract or any staff handbook does not state anotice period, you should still be giving reasonable notice and this willdepend on your seniority and how long you’ve worked there.
    Ideally you should always give as much notice as possible,especially if you’ve worked for the company for several years and/or are in a seniorposition which it appears that you are. Your company may need this time to finda replacement or at least start looking before you leave. Regardless of whetherthey do find a replacement in time there will still need to be handover in yourwork.
    Typically, in practice most employment contracts for amanagement position would have a minimum of 1 months’ notice and at the maximum3 months’ notice. Hopefully this range will give you some guidance as to whatnotice you opt to give.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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