Can someone clarify - notice period

Can someone clarify - notice period

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Andy665

Original Poster:

3,633 posts

229 months

Monday 23rd November 2015
quotequote all
I work within a small business and stupidly have allowed my employment to continue for 2 years without a contract of employment being in place

I may be in a position soon to move to another business - as i have no contract of employment but want to do the right thing by my current employer but have no idea what notice period I may need to give - if I offer a month but they want me to go immediately what are my rights (if any)?

Andy665

Original Poster:

3,633 posts

229 months

Monday 23rd November 2015
quotequote all
I'm concerned about the possibility of being left high and dry for a month

If I'm offered a new position and I accept and agree a start date, resign from my current job to discover that they tell me to go immediately - I'm in effect jobless / income less for best part of a month

I have no written confirmation on the usual stuff - holiday entitlement, notice period, sick pay, grievance process etc

It was agreed that I would be paid on a given day every month - fortunately I have bank statements that show for the first 15 months this was met but in the last 9 months I have been paid 2-5 days late which has caused some pain - never have I been advised of late payment or a reason why - in fact its this issue that effectively forced me to looking for another job as month end has started to become stressful

Andy665

Original Poster:

3,633 posts

229 months

Monday 23rd November 2015
quotequote all
So if I offer to work a months notice and they say "No - just work 2 weeks notice" then I can end up being financially worse off - seems crazy when all I want to do is give them as much notice as possible. seems like I have to be selfish and do whats best for me and stuff the employer

Andy665

Original Poster:

3,633 posts

229 months

Monday 23rd November 2015
quotequote all
Breadvan72 said:
You have had a contract of employment from the moment that you accepted the job. It just isn't a written contract. Your employer, by the way, should have given you a written statement of some basic particulars of employment.

Statute merely provides for the minimum period of notice that an employer must give an employee (one week per full year up to a maximum of twelve weeks) and that the employee must give the employer (one week once employed over a month - the one week per year rule does not apply to the employee's notice). NB these are minima. The notice actually required from an employee is a matter of contract. Absent express agreement, the length of notice may be inferred from the nature of the employment.

If you were to give a month's notice, but the employer wanted you to go in two weeks, it could only achieve that by dismissing you, and it would be unwise to do that without a good reason as you have been employed for over two years and so have protection against unfair dismissal.

I wouldn't worry about this. If you want to give a month's notice, give a month's notice.



Edited by Breadvan72 on Monday 23 November 17:29
All that was ever agreed between us was the salary and the date of salary payment, I appreciate that was stupid and naive of me but I'm rather too trusting of people - left it wide open for many things to be interpreted, altrhough I now there are certain "minimums" that any employer has to provide

I just don't want to run the risk of being penalised for trying to be reasonable / fair. I represent 20% of the business in terms of headcount and probably about 35% of the business in terms of income generation. I know my resignation will go down like a lead balloon but I want to do whats right not only for me but for my current employer

Edited by Andy665 on Monday 23 November 18:04

Andy665

Original Poster:

3,633 posts

229 months

Monday 23rd November 2015
quotequote all
BJG1 said:
Would the new company not be happy to have you 2 weeks early?
Its something I'm going to discuss with them when I see them, they possibly would if it were not for the Christmas break etc - would be easier all round if they did