Monthly pay but no contract signed - how much notice?

Spoonman · 10 Jul 2007 at 15:26

Hi all,

I am currently paid monthly and my employer tells me that I need to give a months notice when I leave. However, I have never been given a contract to sign. Legally, how much notice to I have to give? I'd rather not give a month if I have to, as it's a long time in this place!!

Cheers

platypus · 10 Jul 2007 at 15:30

If you've no contract, you could I suppose leave at any time. Whether or not you'd get paid..

Sinizterguy · 10 Jul 2007 at 15:48

Whether you have a written contract or not, a contract is implied.

The terms of the said "contract" are obviously open to argument if you dont have a written contract.

Depending on how long you have worked at the said place, there might be a normal notice period that you are expected to serve.

That said if you just walked out, I doubt your current employer could do much except to not give you a good reference (don't know if that bothers you or not).

malfunkshun · 10 Jul 2007 at 15:52

He could hold your salary, I assume you are paid a period in arrears. As said, a contract is generally an acceptance of terms, written or otherwise, and by you still being there it would be argued that you accepted. How long have you been there? In the absence of a written agreement an employer might claim that the minimum notice period is equivalent to one pay period.

Baldyman · 10 Jul 2007 at 16:31

Apparently, if no contract is signed, then the statutory minimum period of notice to be given by an employee who has been employed one month or more is 1 week.

Just found this:
http://www.lzwlaw.co.uk/documents/employment_law_n.htm

Ak!ta · 10 Jul 2007 at 17:00

Normally if you are paid weekly you must give at least one weeks notice, and if paid monthly then 1 month's notice.

The Mad Rapper · 10 Jul 2007 at 17:06

malfunkshun said:
He could hold your salary, I assume you are paid a period in arrears.

So all he does is leave as soon as he's been paid - not hard

Ak!ta · 10 Jul 2007 at 17:15

malfunkshun said:
He could hold your salary, I assume you are paid a period in arrears.

Employers are not allowed to hold an employees salery. They can deduct any monies owed to them etc, but it's illegal to hold someones wages.

malfunkshun · 10 Jul 2007 at 17:52

Ak!ta said:
Employers are not allowed to hold an employees salery. They can deduct any monies owed to them etc, but it's illegal to hold someones wages.

If you leave without the required notice then your employer can keep an amount equal to the notice periods salary in lieu, in the same way that an employee can expect pay in lieu of notice in certain circumstances.

Spoonman · 10 Jul 2007 at 19:44

Thanks all,

1. Yes I would need a reference
2. I am not paid in arrears
3. Someone left recently and only gave 1 weeks' notice. I asked her why only a month and she said it was because she hadn't signed a contract.

First thing I need to do is get another job, then I will ask the boss legally how much notice would I need to give, and supply evidence if required.