Rights For Worker Without a Contract Who Is Resigning

daveshoelace

My wife was on a temporary three month probationary period with her work. She did not have a contract.

It didn't work out, and she verbally told them she was resigning. They both agreed that she would work out the weeks notice, and then after which, she could stay on, on a rolling basis, until either she found a new job, or they filled her position.

They also agreed at the time that if the job interviews she attended started to take up too much time, she would leave there and then.

That was 2 weeks ago. Now her boss has claimed he has no recollection if this conversation and said she should have submitted a written resignation.

It appears he is trying to stop her from leaving. Why on earth anyone would want to keep on someone who was so keen on leaving boggles my mind.

Anyway she is worried about some things, hope some folks here can answer:

• How much notice does a temp worker w/out a contract have to give?
• Now that they are saying they need a written resignation, does the verbal one she gave 2 weeks ago not stand?
• As she has no contract, she has no written proof she worked the last month. Is there any way they could get away with not paying her (Obviously she has witnesses she worked there)?

Uncertain

She does have a contract by virtue of the fact that she turned up to work and they paid! A contract (in law) is not simply a piece of paper.

However, in the absence of evidence of contractual terms in excess of the legal minimum then it is one week's notice.

In most areas of English law a verbal contract / agreement is just as valid as a written one - but obviously much harder to prove.

It would be easy to make a claim should they fail to pay.

daveshoelace

Thanks very much - pretty much what I expected the case to be

MissSarah1972

Notice you must give your employer

If you have worked for your employer for one month or more, the legal minimum amount of notice you must give is one week.
Normally your employment contract will set out a longer notice period. If it does, you should give this length of notice to your employer.
If your employment contract does not set out a notice period you should give a reasonable period of notice to your employer. This is included in your employment contract as what is known as an ‘implied term’. What is 'reasonable' will depend on your seniority and how long you have worked there.
For further guidance you could contact Acas (the Advisory Conciliation or Arbitration Service) or another advisory body

getmore4less

The starting point is does she want to happen now?


If she wants to keep the agreement going it needs a comprimise on her part probably staring again with another weeks notice in writing with the agreed terms if it involves similar to last time.

If she want to keep getting paid my suggestion is just keep quiet, carry on working, find another job and give another weeks notice.

or if she wants to take a risk, say I am gone you have had notice but I will work on a modified contract hours by mutual agreement, effectively zero hours.


Unless there was agreement to written notice up front she does not need to give written notice but AIUI that term can be introduced with notice and as it is not that significant change and it is best to do things in wrting anyway that notice could be quite short.

The law is only really of any use if she want to stop working now, any thing else will need a new mutual agreement.