legal notice

[steptoe]

the only other thread I have picked up relevant to this is 2 years old,

so I thought Id do a new one,

legally,

what notice is an employer required to receive on termination of employment?

if an employee has been there 4 years how much notice needs to be served? even if a contract of employment has never been signed.

hearsay,thoughts and opinions I admire, but really I need facts and if possible some form of back-up to these.

this may become a serious legal issue.

thank you.

 

[Apache]

1 week

Notice periods : Directgov - Employment

 

[Andy™]

iirc, you should give 2 weeks notice. but if there is no contract then you dont need to give any notice. but unless you hate them and will never work with/for them again, then your best telling them you want out soon as, but will give them a reasonable time to find a replacment first

 

[Robin Spark]

Sounds a tricky one really, because someone who has worked for a company that long should have signed a contract of employment and should know what the period notice of terminating their contract should be, along with all of other rules of the organisation.

Does the company have an employee handbook with this sort of stuff in?

Was this an over sight by the employer or is it a regular thing done by the employer on purpose?

 

[Manator]

even without a contract, one weeks notice will be required. However if you are paid on a monthly "salary" then a months notice is usually required.

The position of anyone senior, or vital to the operation of any organisation is subject to rules outside normal, notice agreements. An employer who is soley trading on the fact that you are the reason for the trade, could argue, that you would have to give sufficient notice to allow him to assess, and employ a suitable replacement.

As the law stands, you are only required to give suitable notice, this can be for your benifit, or the employer. Court action could only be taken if they could prove that the notice you gave was insufficeint to find a suitable replacement. Given the current job market, I would find that very hard to prove.

 

[Sidewinder]

Steps,

Try here:

Contractual and statutory notice periods | Business LinkAlso note this is a .gov website.

About 1/2 way down, basically the second section on employees.

Please also remember I've "done" contracts of employment.

If you want I'll as my legal advisor for you as it is FOC being an employer it is something that is in my "subscription" to confirm this if you want.

 

[steptoe]

I never signed a contract of employment as I didnt agree to the terms therein, but AFAICR it states a weeks notice for each year of employment,

am I still legally bound by that even if I didnt sign the contract?

Andy, I dont hate them, but unlikely I will ever work for them again. unless hell reaches -22

Roibin, do the company rules automatically become statutory in this case if I have refused to sign an agreement to them?

Im not wanting to start an argument guys, just need to know where I legally stand, thats why I asked for facts backed up (as Apache) and not opinion or hearsay.

 

[Apache]

I never signed a contract of employment as I didnt agree to the terms therein, but AFAICR it states a weeks notice for each year of employment,am I still legally bound by that even if I didnt sign the contract?

I understood that even if you didn't physically sign a contract if you were issued with one and continued to work and draw salary it implied you would bind by its terms. You have to formally raise a grievance against it.

---------- Post Auto-Merged at 21:46 ---------- Previous post was made at 21:45 ----------

Post 4 in this thread

Do I have to sign my new contract? - UK Business Forums

 

[steptoe]

mmm,

so if they change the terms of my contract and dont give them to me in writing then what happens?

my terms of employment were changed about 3 &1/2 yrs ago without any notice or change in my contract, so am I still able to resign on my original contract?

or am I able to leave on constructive dismissal due to the new (verbal) terms not being adhered to?

 

[Robin Spark]

Usually the extra week for every year worked is the amount of notice the employer has to give you and not the other way round, however I am not saying what you said is wrong but just the norm from what I have ever seen.

 

[Apache]

mmm,so if they change the terms of my contract and dont give them to me in writing then what happens?

my terms of employment were changed about 3 &1/2 yrs ago without any notice or change in my contract, so am I still able to resign on my original contract?

or am I able to leave on constructive dismissal due to the new (verbal) terms not being adhered to?

If you didn't place concerns with your change in conditions in writing to your employer you have been working under those new conditions and have to abide by them.

 

[steptoe]

but I dont draw a salary,

I am paid hourly.

 

[Apache]

but I dont draw a salary,I am paid hourly.

I don't know, but understood that by taking their money you were somehow agreeing with their terms!

Simple fact is - how much notice do you think they expect from you (assuming this is you)?

Why can you not give that?

I know it's easy to up sticks and leave, but it's not the biggest industry in the world and you never know when you might regret burning that bridge?

:C

 

[steptoe]

I am ok Apache,

head hunted.

look elsewhere, you're up late anyway.

---------- Post Auto-Merged at 22:32 ---------- Previous post was made at 22:31 ----------

How much holiday do they owe you - don't forget that, you may need to take it first if they don't do paid holiday

still got 9 days ish if not 10

good thinking boat man

 

[philbas]

If changes to the contract are verbal, they are as good as the paper they a written on.

To change your contract they must notify you in writing and give you a chance to respond in writing.

If you never had a written contract then they are in breach of the law an your notice period is nil, because no contrat exists

 

[Apache]

If changes to the contract are verbal, they are as good as the paper they a written on.To change your contract they must notify you in writing and give you a chance to respond in writing.

If you never had a written contract then they are in breach of the law an your notice period is nil, because no contrat exists

No 'law' that you have to have a contract. All the employer has to do is provide you with a written statement showing hours, duties, holiday, leaving procedure. They have to give it within 4 weeks of starting work IIRC. You don't have to sign anything or agree to it. Steps sound like he was given a contract - without signing it if he has not written and complained about the terms then by working he has accepted the terms. Only when you are under a contract must changes be given in writing, and once again if you carry on working you have deemed to have accepted them, signature or not.

A verbal contract is legally binding, just awfully hard to prove!

 

[steptoe]

exactly Apache,

how can they prove they have given me a contract?

verbally or otherwise if I havent signed anything

 

[kme]

That`d be my take on your position too, mate - as we discussed this afternoon.

(n.b. off-topic: It was REALLY nice to meet you & "aggie" - thanks for making us so welcome; and we look forward to seeing you down here......you loony )

I`d give `em as much as:

1. you think they deserve.

2. contractual obligation demands.

and no more.....they would do the same TO you......

Legal position - I`m not sure mate. Let me check tomorrow, when I`m not rum-influenced.

KME

 

[Terry W]

a note in the co's diary 2007 would do the trick, if they did not do this at the time I'd advise them to do it on monday :^O

 

[steptoe]

I could get the missus to edit her work diary this year, got promoted 2nd nov, steptoe agreed to his new terms of