Giving in notice when not signed a contract

SandC

Oops, sorry, teach me to read things properly.

Horace

The mere fact that you have worked there for 12 months means that you have accepted the terms and conditions of employment and therefore need to abide by them. One does wonder if your initial letter of appointment (normally you would sign one to say that you had accepted the job and keep the other) was your contract.

It isnt uncommon in Schools, Colleges and Universities for teachers, lecturers etc to give 3 months notice of their intention to leave (this includes managers) but for general secretarial staff then it is usually a month or 4 weeks' notice.

Depending on your status at the school - are you a teacher or the office manager? then you will have to give 3 months notice, if you're a secretary then you give a month. If your employer is saying that you need to give 3 months notice and you have holiday to take then take it and include that as part of your notice period.

missymoo4

Thak you for your advice on here.
I was a lecturer in the school and wasn't aware that I hda to sign a contract and that it was for 4 years.
They have treated me really badly and I feel that I can take it no longer that is the reason why I am leaving.

DVardysShadow

fengirl wrote: »

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.

Respect to your grasp of employment law, but in this case I think contract law applies. And a contract is what both parties agreed to, not what the employer says it is. If they suddenly turn around when it suits them and say it is 3 months, this is not on - they have to have made this clear far earlier than when someone is handing their notice in. Unless there is distinct evidence of them having made the requirement clear [written contract for example], I would say that statutory defaults apply.

Savvy_Sue

And I think ACAS would agree with DVS - if an employer fails to give a written statement of terms and conditions of employer, certain terms and conditions are implied by the act of turning up and being paid and are legally enforceable.

However, it will be interesting to see if the employer can produce such a statement.

I hope the OP never needs a reference from this school, however.

mandragora_2

missymoo4 wrote: »

Thak you for your advice on here.
I was a lecturer in the school and wasn't aware that I hda to sign a contract and that it was for 4 years.
They have treated me really badly and I feel that I can take it no longer that is the reason why I am leaving.

Are you in a union? Teaching staff generally have very good employment rights, and unions with good employment lawyers behind them. If you feel so persecuted you can't work, your union would probably be able to give you excellent advice about what to do next. Just walking away isn't the right thing to do, for you or anyone else. If it's making you ill with worry, you will have some rights to good support and fair treatment - your emplyers will know this and won't want the union walking all over them. If you do walk out before the end of your notice period, well, its not a prison, and they won't be able to force you back in (though they might well have an option to sue you, they'd be unlikely to do so); it could make it more be difficult for you to get education jobs in the future as it's considered very poor form to walk out before the generally agreed dates. Perhaps take some time to get your strength and thoughts back together - go and see a doctor on Monday, explain how you're feeling - if its depression or stress they will sign you off. Also, take a bit of time out for yourself and ring your union.