Correct procedure for giving notice?

[f1nn]

Can any one advise?

I started working for my current employer on the 5th of May, 1998.

Late in 2008 my personnal circumstances changed and I advised my boss that due to a relocation, I would have to leave my employment in March 2009.

My employer offered to create a new position for me, in a different job role, to accomodate my relocation.

I accepted this offer.

The chairman insisted that I resign from my previous job role, have 2 weeks away from the business, and be re-employed on a 6 month temporary contract. This was, I believe, to prevent me from arguing continuation of employment in the future. This suited my circumstances and I was thankful that I had a job in this climate.

I started the new role on April the 27th, 2009, and all is going well, and it has been indicated that MY contract will be made permanent.

However, I have never been offered, or signed any form of contract since my re-employment.

I've been offered another job with a different company, which I want to accept.

It is, on some levels, a competitor, and I believe that my manager would not take this news very well, and that would be the end of any relationship.

I've been asked what notice period I need to give, I think that I am not really required to give any as I have not signed a contract, but would like to conduct myself as well as possible and offer a week or a month as required.

I am paid monthly.

What I am worried about is, if I give my manager a months notice, he takes it very badly and terminates my employment on the spot (as I believe he is able to do with no contract being signed), and I lose out on a months pay between jobs.

The easy answer is insist on a contract, but I'm thinking that if this news is taken as aggressively as I'm expecting, perhaps the flexibility of not having a signed contract may suit in terms of little or no notice period.

Thoughts anyone?

[Firefoot]

As you have effectively started as a brand new employee with no contract, then the legal notice period takes priority. This is one week looking at your current circumstances.

Also, if you have not signed a new contract, then you have no restrictive covenants in place preventing you from working for a competitor. If your boss asks you to leave immediately, he will still have to pay your notice (albeit just one week).
In these circumstances, having no signed contract will work in your favour!

Edited by Firefoot on Thursday 13th August 12:50

[mas99]

f1nn said:

The chairman insisted that I resign from my previous job role, have 2 weeks away from the business, and be re-employed on a 6 month temporary contract. This was, I believe, to prevent me from arguing continuation of employment in the future. This suited my circumstances and I was thankful that I had a job in this climate.

I started the new role on April the 27th, 2009, and all is going well, and it has been indicated that MY contract will be made permanent.

So at the moment you are on a six month temp contract? What does that contract say about notice/termination?

Worst case it could be a fixed contract with no get out clause and you tied to them until october. Not sure how such a contract would be viewed legally against an individual though. (I've seen contracts with no escape clause in plenty of contractors b2b contracts)

[M400 NBL]

I seem to say this quite a lot... but check the acas website.

I'd imaging the worst case scenario would be one weeks notice for every completed year, but then employment law is forever changing.

[Vee]

Were HR even consulted on the Chairmans insistance that you resign and then be reemployed on a contract basis.
Surely he's left the company open to trouble there ?

[Firefoot]

swerni said:

Firefoot said:

As you have effectively started as a brand new employee with no contract, then the legal notice period takes priority. This is one week looking at your current circumstances.

Also, if you have not signed a new contract, then you have no restrictive covenants in place preventing you from working for a competitor. If your boss asks you to leave immediately, he will still have to pay your notice (albeit just one week).
In these circumstances, having no signed contract will work in your favour!

Edited by Firefoot on Thursday 13th August 12:50

are you sure about that?

I was under the impression that even if you don't sign a contract, by continuing to work there you are accepting their standard terms.

If you tell them you are going to a competitor they will ask you to leave immediately. They will however put you on garden leave for the duration of the notice period.

You are correct when it is applied to a change in terms. If you do not contest the change or continue to work to the new terms, you have accepted them. If you have not been given a contract however, then the statutory notice will apply. He will get away with one weeks notice.

[Firefoot]

I would certainly say its arguable in the eyes of the law. The company policy and procedures may have changed whilst he was gone and with no contract to back this up, he could not be expected to know.

[Scraggles]

worked for some company on a 6 month contract, had a day off sick / interview, gave them a week's notice, they jumped up and down wanting a month's notice and left after the week, which coincided with end of the month

food hygiene for airplanes smells vile and was glad to be out