Resignation Help?

jimbo2010

Hi just looking for some advice, been for an interview today which went really well and when they asked how much notice would i need to give i told them company policy is one month but i could maybe leave earlier as this new company need me to start within two weeks.

Although company policy is one month i have not actually got a contract with the company i work for as it expired. Basically when i first started there 4 years ago i was told it was permanent but after my 1st year was up i was made to sign a temporary contract extension for 6 months as it was not a permanent position.
So every six months i signed a temp contract extension until July 2011 when i did not recieve one through the post and when asked about it i was told it was being sorted. So since last year i have not signed any form of contract with the company.

If i wanted to leave early how would this affect me with the one month notice rule and is there any legal problem with this?

anamenottaken

jimbo2010 wrote: »

Hi just looking for some advice, been for an interview today which went really well and when they asked how much notice would i need to give i told them company policy is one month but i could maybe leave earlier as this new company need me to start within two weeks.

Although company policy is one month i have not actually got a contract with the company i work for as it expired. Basically when i first started there 4 years ago i was told it was permanent but after my 1st year was up i was made to sign a temporary contract extension for 6 months as it was not a permanent position.
So every six months i signed a temp contract extension until July 2011 when i did not recieve one through the post and when asked about it i was told it was being sorted. So since last year i have not signed any form of contract with the company.

If i wanted to leave early how would this affect me with the one month notice rule and is there any legal problem with this?

What notice was required in the most recent written document you have? That is what you would be working under as far as the notice required from you.

Of course you could try to negotiate an earlier departure.

Dirk_Gently_2

If you left they probably couldn't/wouldn't take any action against you, as they'd have to sue for breach of contract proving damages.

But on the other hand they could be awkward about giving a reference, and it's always good to leave a company on good terms because you never know when you'll need them again.

I agree that trying to negotiate an early release is the best bet, and you have a bargaining point in their failure to give you a new contract.

I'd do it as "I've decided to move on, what's the earliest you can release me as I'm not under formal contract any more?" - but only you know the relationships and the internal politics of where you are.

prowla

I once had a place try and play a game with me - they timed all of their contracts to finish at the end of November so that they could lay the temp staff off for December when they ran a change freeze.

So I told my manager that I was working on a project that was expected to continue though December, but they told me no. I asked if they were sure, and they said yes. I gave them til the last week and then i took a contract elsewhere to start on December 1st.

So, I was in a project meeting and announced that it was to be my last, as I did not wish to be out of work for a month and so I had found work elsewhere.

You can view a contract as being permanently on notice.

I had another contract where they decided to can the project whilst I was on 2 weeks leave over Christmas; I got nothing.

In the case of not having a contract at all, you could ask what notice you would get if they were to back out; I suspect it would not be a month!

LittleVoice

prowla wrote: »

In the case of not having a contract at all, you could ask what notice you would get if they were to back out; I suspect it would not be a month!

The OP does have a contract - they have continued to work (and no doubt been paid!) so the employment contract continues.

If there has been no break in the various contracts they will be due at least the statutory 3 weeks notice from the employer (or 4 weeks if they have completed 4 years service).

Uncertain

LittleVoice wrote: »

The OP does have a contract - they have continued to work (and no doubt been paid!) so the employment contract continues.

If there has been no break in the various contracts they will be due at least the statutory 3 weeks notice from the employer (or 4 weeks if they have completed 4 years service).

But what we are talking about here is the EMPLOYEE giving notice (not the employer).

Unless there is a contractual requirement for more that never increases above one week. It is only notice FROM and employer that increases by a week for each year (up to 12).