Notice advice
Author
Discussion

cluckcluck

Original Poster:

873 posts

214 months

Thursday 7th July 2016
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The initial message was deleted from this topic on 13 December 2017 at 14:59

anonymous-user

83 months

Thursday 7th July 2016
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situation like this can be followed by the book or just get your pay and leave. you been 12 weeks it hasn't worked out.

wibblebrain

656 posts

169 months

Thursday 7th July 2016
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Sounds like bullst to me.

I'm no expert, but I have a suspicion that a default notice would be one month at the most. If you have no contract I think that the idea you have to give two months notice seems totally false to me.

You should seek some proper legal advice though.

ashleyman

7,284 posts

128 months

Thursday 7th July 2016
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Did you have a probation?

Most probation periods have shortened notice periods of like 2 weeks. Once when I was still in probation, I left and was immediately put on garden leave and escorted form the building with 6 weeks pay. Every single job I've had was a standard 4 weeks notice except for one where it was 3 months as I was higher up and had to do a hand over with my replacement. Even that didn't go on 3 months and I left after about 6 weeks.

What do the pieces of paper say you have? If it's implied, when did they imply it? Can't see it working to be honest.

If you're all paid up and they don't owe you anything then you can leave. smile

Edited by ashleyman on Thursday 7th July 23:12

Gargamel

16,344 posts

290 months

Thursday 7th July 2016
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Hi,

How long was your trial period according to your letter?

Are you paid weekly or Monthly? whilst this may have no bearing, it may be difficult for your employer to argue an implied term if you are on a weekly salary ( which tend to have shorter notice periods)

In the end, whilst it might be tricky, you can leave whenever you like, you may be in breach of your contract, but if you haven't got a contract stating what your notice period needs to be, then it is unlikely the company have any evidence to prove the breach, or that you were aware of it.

Secondly in a breach of contract the company would need to show a loss. or some issue that your leaving has caused. Again from your description they may struggle.

Talk to them again, and re state that you want to leave in two weeks, ask them what the are relying to get to a two month notice period.

Finally if your trial period has not finished then I suspect you could leave in one week, which is likely to be the notice they would have given you during probation, but look again at your letter.


creampuff

6,511 posts

172 months

Thursday 7th July 2016
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Note: I'm an armchair expert (i.e. I don't actually know anything).

The statutory minimum notice period for the employer to give you notice is 2 weeks in the period from one month to 2 years of employment.

You get paid every month.

I'd say your notice period is 2 weeks. 2 months definitely has no basis in reality.

anonymous-user

83 months

Friday 8th July 2016
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remember you should have accrued at least 5 days holiday so if you haven't taken them that is another week, and they should pay you for them if you don't take them.

PurpleMoonlight

22,362 posts

186 months

Friday 8th July 2016
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If you do not have an employment contract stating a notice period, then the statutory minimum is 1 week.

http://www.acas.org.uk/index.aspx?articleid=4096

eybic

9,212 posts

203 months

Friday 8th July 2016
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If they get stty, ask them to show you where you agreed to those terms.

Foliage

3,861 posts

151 months

Friday 8th July 2016
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PurpleMoonlight said:
If you do not have an employment contract stating a notice period, then the statutory minimum is 1 week.

http://www.acas.org.uk/index.aspx?articleid=4096
This is the only correct answer if your 100% sure you haven't had a contract.

Beetnik

575 posts

213 months

Friday 8th July 2016
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cluckcluck said:
...the atmosphere is quite clicky.
bound to be in an IT department... biggrin

Jasandjules

72,566 posts

258 months

Friday 8th July 2016
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2 months? No, 1 week is the most likely notice period required, absent any contractual term to the contrary.