Employment Contract Question

[nigelbasson]

I started my new job about three months ago and already it has turned out to be a nightmare - let's just say they sold it well at the interview! Therefore I am looking at getting out.

The question I have is this. I have not signed a contract (or even been presented with one), but I have had my wages paid every month. Therefore where do I stand regarding notice periods?
Do I have to give a full months notice despite not signing a contract because I have been accepting payments or does not signing a contract decrease the amount of notice I am obliged to give?

Cheers, Nigel

[Hates_]

I would say (But please this is just what I think) that as you have not agreed to any form of notice period with your employer you are technically not obligated to give any notice period at all. But I suspect if you tried to do that things could get a little ugly :| Probably still best to give 1 months notice and use the time to find another job.

[JonRB]

I was under the impression that the statuary notice period was 1 month which could be varied by contract. So no contract = default 1 month notice period.

Please note that this is just my layman's opinion and should not be relied on at all!

Having said that, every employer I have come across has expected 1 month unless they state otherwise.

[miniman]

I think that if a contract exists, even if you have not signed it it becomes valid after a certain period of time because you have not objected to it at any point. Difficult to prove that you never saw it - becomes "his word against yours".

[Broccers]

Obviously you have found another job before hand - so I'd give them 2 weeks out of courtesy.

Saying that the last job I had I left instructions where to find my company car with my letter of resignation saying I wouldnt be back from Spain in the forseeable future.

[Davel]

I'd give a month's notice cos you may need a reference from them despite everything.

Never close a door so that it can't be opened again - if at all possible.

Having said that, once you've given notice, you might go sick for a week or two or take a holiday etc.

Good luck - there's nothing worse than being totally miserable in your job!

[nigelbasson]

Davel said:

Good luck - there's nothing worse than being totally miserable in your job!

Couldn't agree more, and that is why I'm asking the question now. I have got a few interviews lined up and just was interested so that I could give them a definite answer when asked.

I will probably give a months notice unless a new job demands a quicker start date as I am not a wr and so just walking isn't in my view a very professional thing to do.

Cheers for your help.

[bobthebench]

You should have received written particulars of the contract within 13 weeks, confirming what had already been agreed. If nothing is specified, common law is to provide reasonable notice - a suitable vague legal get out. For contracts under a year a month may be fine, though some exceptions e.g. seen in specialist posts a 3 month minimum after you complete probation. However if a run of the mill factory job, a week would be reasonable.

Not sure this helps much, but I tried !

[JonRB]

A month is the convention, regardless of employment law. I would give a month's notice to be on the safe side and see what they say.
If they demand more then ask to see the contract that says it is more than a month!

(Of course, if you wanted to be arsey you could use that argument for a day's notice although convention would be against you)

[condor]

Better late than never

DTi contact advice here

www.dti.gov.uk/er/pay/contracts-pl810a.htm#1