Handing in notice when you don't have a contract?

[Charmless man]

A close family friend is working for a company in a service environment. He has worked for them for 3+ years. He has been badly treated by his employer over the years, taken advantage of, overtime cut or not paid plus many minor matters etc etc. He has decided to setup on his own which I think will be a good move for him.

Here's the question, he currently has no contract at all, nothing in writing nothing what-so-ever. To this end I'm sure he is fine regarding any covenant's! He is wondering what kind of notice he should give? Is it ok to call up on the Monday morning and say I've left or would it be advisory to offer a weeks notice? He is quite keen to be the nice guy in this so is happy to do whatever is ethical but how does he stand legally?

Any advice gratefully received.

[cazzer]

I always believed that one salary period was the norm.
So if yer paid monthly, one month. Paid weekly, then one week.

[davepoth]

Without a contract, ACAS says one week. According to this thread on Moneysavingexpert.com.

http://forums.moneysavingexpert.com/showthread.php...

[Charmless man]

Ah ha, useful thank you.

[northandy]

If they have treated him badly in the past I would tell him to make sure he times it to when he gets paid to minimize the risk of unpaid salary and holidays etc.

So if he gets paid on the last day of the month I'd wait till the cash was in the bank then give a weeks notice, and take all accrued holiday before handing notice in.

Might seem extreme but I've seen people get shafted before.

[Steffan]

Clearly the various comments are likely to help.

Its worth remembering there IS an employment contract it is simply not expressed in a written form. But there IS a contract and ACAS will advise you of your rights.

[scirocco265]

Without a written contract, the minimum statutory notice that an employee may give (if employed continuously with that employer for one month or more) is one week.

[bucksmanuk]

The other comments are more relevant than mine but its one to bear in mind.
I don’t know if the law has changed since this stunt was pulled nearly 20 years ago...
A work colleague at the same place as me asked the management for a contract of employment IN WRITING at the beginning of his employment.
Month after month, he doesn’t get one, so he kept asking for it in writing every single month, for nearly 2 years. This got to be a joke amongst the directors. So on the same minute he handed his notice in, he also said, “Oh and by the way I leave NOW”, and off he walked.
Solicitors called, big meeting, “he can’t do that... etc....” the legal chap said - “His assumed contract would be the same as what everyone else had, one months notice, and as he not honoured that, he can sued for this that and the other. Unless of course he was bright enough to ask for his contract of employment in writing every month”.
“Ah yes, good point – he did”
“Oh well, the lad has taken legal advice – you haven’t got a leg to stand on, you’ve learnt your lesson - don’t do it again”

[davepoth]

And to really fk them off, book a week's holiday, and when that's approved hand in your notice.

[Jasper Gilder]

At it's discretion an employment tribunal can award up to 4 weeks pay for not issuing written particulars of employment within 10 weeks of employment commencing

If he's been that badly treated and something has happened to cause him to say enough is enough, perhaps he should also take them to tribunal for unfair constructive dismissal

[Charmless man]

Thank you for all the replies I really appreciate it.