Weekly pay does it affect your notice period?
Weekly pay does it affect your notice period?
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duncancallum

Original Poster:

982 posts

207 months

Thursday 28th February 2013
quotequote all
I resigned this morning from my job that I have held for 5years. My current salary is paid weekly does this have any relation to my notice period. In that time I have never signed a contract with the firm. My new employers wish me to start ASAP. I wish to negotiate a 2 week period of notice.

I resigned first thing this morning and nothing was said no we're sorry or anything, Nor confirmation that they accepted or we could discuss notice periods, just a stoney silence.

At 12:37 I received an email on my phone from a Job Agency advising me of a brilliant new position etc etc. with little phrases in it. and over selling the bonus (I did approx 20%more profit than ever before and haven got that amount). The site is as near to a 5 star hotel as a £15 bed and breakfast in Skegness.

[b]good afternoon,

I have just taken instruction to recruit for a fantastic family business in XXXXXXX. The role is Service Advisor with a bonus that has been historically paid in full 50 weeks of the year.
The site is very smart and likened to a 5 star Hotel
This company has been around 100 years and has very low staff turnover. The package is £££££ basic and everyone earns ££K plus without issue.
If you are looking at making a change please come back to me ASAP.
Regards[/b]

The job was obviously mine, so a little devious part of me thought it would be a good idea to call the agency and low and behold its mine. he started running through the job and asked me work I worked and I said no where as nice as this dealership sounds once he had dug my CV out he got a little bit stuttery and defensive when I asked did he filter his emails?. The idiot at the agency obviously just bombards people they have on file and I would be seriously worried for people using them that they won't drop a clanger.

Lauryn

68 posts

221 months

Thursday 28th February 2013
quotequote all
I'm slightly lost, are you asking a question or telling a story, or both?

Regarding your employment contract, it does not need to be in writing.

There is, however, a legal requirement for your employer to provide you with statement of employment terms, which sets out certain key aspects of your job, i.e. your name, date you commenced employment, your job title, your hours of work, your agreed pay, disciplinary procedures, and so on and so forth. You must receive this within 2 months of starting employment.

Regarding your notice period, this should be detailed in your terms of employment, and can extend with years of service. I see no reason at all for weekly pay to affect this.

northandy

3,539 posts

250 months

Friday 1st March 2013
quotequote all
No contract, do you have anything written down at all?.

If no and its a small company, ask yourself if you'd ever work there again, if no then give them a weeks notice. Get to your new job and enjoy it. If you dont want to burn bridges offer a slightly longer notice.

My understanding is even contracts with stipulated notice are only really enforceable (or have legal backlash) If you are an officer/director/very senior manager. I had one with 3 months, i negotiated 6 weeks.

As for the comments on recruiters, it happens, there are bad ones and good ones. Dont worry about what is being offered, let the new hire find out for themselves.

WhereamI

6,887 posts

246 months

Saturday 2nd March 2013
quotequote all
The frequency of pay makes no difference to notice period.

Statutory minimum is one week. This is usually modified by the employment terms.

People get confused by the concept of an employment contract, if you are employed you have an employment contract, it does not need to be written down. There is a misconception that you are entitled to a written contract and unless you have one there is no contract, that is incorrect.

What you are entitled to is a written statement of employment particulars which sets out the basics such as how much you will be paid. That statement may include a different notice period. The statement may be have been supplied as part of the original offer of employment.

andy-xr

13,204 posts

233 months

Saturday 2nd March 2013
quotequote all
I'd take the agency ad and email with some salt, probably about a cups worth. Unless you know something I dont.

WRT notice, frequency of payment wouldnt affect this, it's length of service. Go by whatever's in your contract, or the below

Statutory Minimum Notice Periods

In the absence of written statement of terms and conditions of employment an employee who has been continuously employed for 1 month is statutorily entitled to receive not less than 1 week’s notice (unless dismissed for gross misconduct). Thereafter, once an employee has been employed for two or more years, the minimum statutory notice entitlement rises by one week for each completed year of service up to a maximum of 12 weeks after 12 years continuous employment. However, the statutory notice periods are the minimum periods of notice which an employee is entitled to receive. There are several cases where an employee will be entitled to more than the statutory minimum.

You could negotiate out of it with a week, or 2 weeks, I've done that before, and taken the hit on the outstanding pay in lieu

WhereamI

6,887 posts

246 months

Saturday 2nd March 2013
quotequote all
andy-xr said:
In the absence of written statement of terms and conditions of employment an employee who has been continuously employed for 1 month is statutorily entitled to receive not less than 1 week’s notice (unless dismissed for gross misconduct). Thereafter, once an employee has been employed for two or more years, the minimum statutory notice entitlement rises by one week for each completed year of service up to a maximum of 12 weeks after 12 years continuous employment. However, the statutory notice periods are the minimum periods of notice which an employee is entitled to receive. There are several cases where an employee will be entitled to more than the statutory minimum.

You could negotiate out of it with a week, or 2 weeks, I've done that before, and taken the hit on the outstanding pay in lieu
No that is not applicable to this situation..

The text quote is the notice an employer must give an employee. The employee's statutory notice to the employer is one week.

duncancallum

Original Poster:

982 posts

207 months

Monday 4th March 2013
quotequote all
Thanks I would rather work my 4 weeks but my new employer has pressured me in accepting an almost immediate start date. I'm holiday at the moment and it's rather stressing me out. I have never signed a statement of employment. I wished to split the difference with the pair and do two weeks but neither were interested.

I'm not happy at all, I don't wish to revoke my resignation as I am very unhappy there but I still wished to leave on good terms as I have done with all my previous employers.

Sorry for any typos I'm on my phone

WhereamI

6,887 posts

246 months

Tuesday 5th March 2013
quotequote all
Signing a statement or contract of employment is an irrelevance, there is no need for you to do so for a contract to exist.

It the employer has never given you anything that states your notice period then it is one week. But if the offer letter or some other document states anything else then that period applied.