Giving in notice when not signed a contract

missymoo4

HI just need some advise
I have worked 1 year and have not had a contract to sign.
I have given 1 month notice to leave and they are saying that it should be 3 months but will try and adhere to it.
I have been paid for 6 weeks school holiday as we get paid every month in a school.
It has got so bad at work that I want to just walk out does anyone know my rights.
Do I have to give notice without a signed contract?
Any help would be great

SendingFailed

As far as I'm aware, if you haven't signed a contract there is very little they can do about you leaving. The contract is there to benefit both you AND them, so they know without one they are as good as stuffed for you not being obliged to give notice. That would be my understanding.

fengirl_2

Although you dont have written terms and conditions of employment, the fact that you have turned up for work for a year, have worked and been paid, constitutes a contract in UK law. If you have been given written terms and conditions and not signed them, this does not make the T's & C's unenforceable. There may also be verbal T's and C's.If they say you are on 3 mths notice, then that's what you are on.

McKneff

I would give ACAS a ring to be honest.
Just curiosity, what do you do at the school, helper, teacher, dinner lady.

wynnvegas

Have a word with your HR department in the local authority. For any school role (senior team excluded) I would very much doubt they go to 12 weeks notice as standard. Legally, and assuming you haven't been given a contract to sign - not uncommon in large public sector organisations in my experience - your implied notice period should be one week. Explain to the HR department that you are being perfectly reasonable giving notice of four weeks. Anyone worth their salt (particularly if they don't have a signed contract clearly stating that you need to give 12 weeks) will manage your termination professionally.

Savvy_Sue

fengirl wrote: »

There may also be verbal T's and C's.If they say you are on 3 mths notice, then that's what you are on.

But would it not be up to the employer to demonstrate that you knew this? eg a record of when you were told, or a letter saying "Your terms and conditions can be found on this website / intranet" etc.

Longer notice periods are quite common in schools, teachers definitely don't give just a month's notice! Maybe it's assumed that everyone knows how it works, but everyone needs to be told at some point, and in some way!

wynnvegas

Hi Sue,

It may be different up here but my girlfriend is a secondary teacher and would only have to give a month's notice to her employer.

Cheers,

Billy

lf846

Teachers and Higher level staff are required to give 3 months notice, and it is generally expected that you would leave at the end of a term. So to leave at Christmas the deadline for resignations is 30th October.
T.A.'s and other support staff are only required to give 1 months notice and this can happen at any point throughout the year.

woody01

SendingFailed wrote: »

As far as I'm aware, if you haven't signed a contract there is very little they can do about you leaving. The contract is there to benefit both you AND them, so they know without one they are as good as stuffed for you not being obliged to give notice. That would be my understanding.

Sorry but that is incorrect.
If an employee has been without a contract, after a certain period of time....(3 months i think), the employee is right to assume that the employer is happy and that is every bit as good as a contract of employment.

Obviously the 'nitty-gritty' isn't there but the fact you are employed means there is a contract whether written or not.

SandC

Missy moo have you worked for a full year? What is the reason for them wanting you to leave? They are on shaky ground if you have worked a full year and they are giving no reason why you are leaving.

Most places I have worked I have had to give a month's notice. Sometimes if it is the employer who terminates the contract then they might give 3 months, as they have explained to you.

Speak to someone in HR - if they want you to leave then ask them for pay in lieu of the 3 months notice. They need to have a bloody good reason, such as redundancy, for having you leave if you've done a full year's service.

terryw

SandC wrote: »

Missy moo have you worked for a full year? What is the reason for them wanting you to leave? They are on shaky ground if you have worked a full year and they are giving no reason why you are leaving.

Most places I have worked I have had to give a month's notice. Sometimes if it is the employer who terminates the contract then they might give 3 months, as they have explained to you.

Speak to someone in HR - if they want you to leave then ask them for pay in lieu of the 3 months notice. They need to have a bloody good reason, such as redundancy, for having you leave if you've done a full year's service.

Missy Moo wants to leave. The school are not telling her to leave.