How much notice to be given?
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Discussion

phumy

Original Poster:

5,827 posts

266 months

Sunday 22nd July 2012
quotequote all
Im in need of some assistance, my wife is wanting to resign from her job that she has been in for 14 years all part-time, its a one person company and my wife is PA to the boss, she had no contract at the start of the job in 1998 just a letter of intent which stated that she would have to work 3 months probation....No contract ever came, so the question is, if she want to resign whats the minimum notice she must give by law?

I am of the opinion that she gives 7 days out of courtesy, my son reckons that its law now that you must always give 28 days.

Anyone able to give me the correct time, taking into account there was never anything stated in the letter if intent or any contract signed by either party?

Schuey M

178 posts

171 months

Sunday 22nd July 2012
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Is she paid weekly or monthly? If weekly then 7 days if monthly then 28 days notice reqd.

dingg

4,536 posts

248 months

Sunday 22nd July 2012
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IF the relationship is still good between herself and her boss - I would give as much as the boss needs-up to 3 months IMO, if the relationship is poor and your wife has a job to go to a month would be reasonable for both sides.

phumy

Original Poster:

5,827 posts

266 months

Sunday 22nd July 2012
quotequote all
She is paid monthly, is that definitely the case even though no contract?

wildcat45

8,159 posts

218 months

Sunday 22nd July 2012
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Not sure of the law, but how much notice would she expect to be given? A week after 14 years would be a bit st.

I would say a month would reasonable on both sides for this level of job.

Why is she going? Is it amicable? If so, dropping someone it it staff wise with a week notice perod wont be welcome.

If the departure is not amicable, then that may be a different matter.

phumy

Original Poster:

5,827 posts

266 months

Sunday 22nd July 2012
quotequote all
wildcat45 said:
Not sure of the law, but how much notice would she expect to be given? A week after 14 years would be a bit st.

I would say a month would reasonable on both sides for this level of job.

Why is she going? Is it amicable? If so, dropping someone it it staff wise with a week notice perod wont be welcome.

If the departure is not amicable, then that may be a different matter.
Not interested in what would be st or even what might be welcomed, just want to know what is the employement law, it is not an amicable break and thats why she wants to keep the notice as short as possible, dropping the boss in the st does not even enter into it, she just wants out. I cant see where the fourteen years comes into anything, there`s no difference between 1 year or 14 years, its not a marriage.

Red Devil

13,510 posts

237 months

Sunday 22nd July 2012
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Schuey M said:
Is she paid weekly or monthly? If weekly then 7 days if monthly then 28 days notice reqd.
Nope. Payment frequency is irrelevant. Absent any T&Cs stating something different the minimum statutory period for notice by the employee is 7 days. If it were the other way round she would be entitled to 12 weeks. http://www.businesslink.gov.uk/bdotg/action/detail...

Furthermore, by failing to provide written T&Cs within 2 months of her start date her employer is in breach of statute. He is bang to rights, so if she wants to 'stick it to the man', she has the law very much on her side.



Edited by Red Devil on Sunday 22 July 13:00

phumy

Original Poster:

5,827 posts

266 months

Sunday 22nd July 2012
quotequote all
Reddevil thanks for that brilliant

WhereamI

6,887 posts

246 months

Sunday 22nd July 2012
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7 days is the minimum and the day she gives her notice doesn't count, so if she resigns on a Monday her last day of working would be the following Monday.

But the issue usually is whether a continued good relationship matters, a week gives the employer little chance of finding a replacement so if an amicable split with a good reference is required a little more negotiation and flexibility makes sense.

craigjm

21,381 posts

229 months

Sunday 22nd July 2012
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Red Devil said:
Nope. Payment frequency is irrelevant. Absent any T&Cs stating something different the minimum statutory period for notice by the employee is 7 days. If it were the other way round she would be entitled to 12 weeks. http://www.businesslink.gov.uk/bdotg/action/detail...

Furthermore, by failing to provide written T&Cs within 2 months of her start date her employer is in breach of statute. He is bang to rights, so if she wants to 'stick it to the man', she has the law very much on her side.



Edited by Red Devil on Sunday 22 July 13:00
+1

also, the statement that the day she gives in her notice doesn't count towards the 7 is also correct.

phumy

Original Poster:

5,827 posts

266 months

Monday 23rd July 2012
quotequote all
Cheers everyone, PH as usual is a info source..