Resigned with no notice?

Hammyman

Dealio wrote: »

Surely if nothing has ever been signed on paper, then no written arrangement has been agreed so she cannot sue for loss of profit? I would be interested to know if this is true because my friend is in the same boat...

Statutory minimum notice periods apply. The employer is entitled to sue.

cannyscot_2

As I said in the first post I have never had a contract i started the job at a time when contracts were not popular and have never had one since

Hammyman

cannyscot wrote: »

As I said in the first post I have never had a contract i started the job at a time when contracts were not popular and have never had one since

Yes you did the moment you accepted pay and working conditions. It just wasn't put down in writing. And also regardless of whether you got one or not STATUTORY (meaning absolute) rules of employment law apply which includes 1 week notice.

smileylondongal

Googlewhacker wrote: »

You DO have a contract, it may not be in writing but the fact you have turned up for work regularly means you have a contract and if there are no written terms then you have to take statutory terms.

Completely agree!

Uncertain

Hammyman wrote: »

Yes you did the moment you accepted pay and working conditions. It just wasn't put down in writing. And also regardless of whether you got one or not STATUTORY (meaning absolute) rules of employment law apply which includes 1 week notice.

Yes, that is true.

However the employer is legally required to provide written particulars of employment within eight weeks of starting which they have failed to do.

Although it is no longer possible to make an employment tribunal claim for this failing on its own it is possible to add it to another claim - for example the holiday pay if it is not forthcoming.

We all know, from your other posts, that you have a total bee in your bonnet about failure to work notice!

However, it is incredibly rare for the "sue 'em" type of approach you go on about to actually happen for all the reasons I've explained.

In this case the holiday pay and failure to provide particulars should be more than enough to deter the employer from trying it on.

familyof4_3

I understand you were stressed and everything but don't you think it's a bit unprofessional to just walk out??? Are you a stylist? What about the clients who had booked for you to do their hair? After 27yrs I'm sure there are a fair few that had a good relationship with you.

I agree with those above that even though there is no written contract it's implied so statutory terms certainly apply. Have to say I doubt very much (former) employer will sue. Too much hassle and I'm sure she's just sending the letter 1. to cover her back and 2. to annoy you as you've annoyed her.

If you are going to respond be very careful what you put in writing.

bargainbetty

You have broken the statutory regulations by walking out without notice. She has broken the law by not providing you with a proper contract. Neither of you has a leg to stand on legally. You can not turn up for the notice period, and she can not pay you because she has to pay someone else to cover your shifts.

If you must write back, confirm the last date you attended work, and that you have no intention of returning due to stress. Note that you are owed holiday (four days) and she can apply those days to your notice period, taking your official leaving date up to whenever it is. Ask to be paid for the weeks you would have received in holiday pay. it will be up to her to refuse on the grounds of paying for your replacement.

Good luck

Uncertain

Googlewhacker wrote: »

To be fair Hammy did post in number 11 that it is unlikely but it is still a valid point to bring up.

Well I had "brought it up" in post 3 and explained it further in post 7!

However, unlike Hammy (admittedly based partly on his OTT approach to this subject in other threads) I kept it in proportion!!