Giving notice.

babyemily

Can anyone help me with a question regarding giving notice. My husband has been offered a new job thankfully. He has worked for his current employer since Aug 2012 and is very glad to be leaving. He has never signed a contract nor terms of employment and today he gave them a weeks notice. They are being awful and have said he has to work a minimum 2 weeks notice or they will keep everything hes owed. Which is quite a bit for us. I have googled but can only find out about Employers laws regarding giving notice. Please can anyone help? Thank you

Takeaway_Addict

No contact for him generally means 1 weeks notice unless they can prove custom and practise is 2 weeks.

They have to pay you for all work done but if they are being awkward he may have to go via a tribunal.

If he breaches contract they may have a seperate case against him but from what you have said its unlikely he will have breached a contract.

However, can he not just work the two weeks and move on on relatively stable finishing relationship with the company as he may need the reference in the future?

babyemily

Thank you Takeaway-Addict. The company is horrific to work for and quite a few of them have handed in their notice this week. Unfortunately he has to take this new job asap and has already told his new employers that he would work his weeks notice. They actually wanted him to start this Monday - He would have loved to do that. Either way he is not getting a good reference. Due to the massive staff turnover they take it personally when anyone leaves. There is definitely no contract signed nor was he ever made aware of any terms.

123helpme123

Tell him to tell his current employers that he has not signed any contract of employment, therefore his notice is 1 week in the eye of the law. He would like to part without burning any bridges, but his new job requires him to start on xx date and that's what he will be doing.

If they say they won't pay up, tell him to say that he will then have no choice but to pursue an employment tribunal, which doesn't need to happen if they just part in a civil adult manner.

babyemily

Just a quick question again. Sorry, but how long can they hold his money for before paying him? Obviously we wont know how much, if any, he gets till then. Thank you x

ValHaller

babyemily wrote: »

.... how long can they hold his money for before paying him?

They can hold his money until they are minded to give it to him - it depends how much pressure they will take. If it goes to employment tribunal, they may cave when the case is submitted - or they may hold out until there is a ruling or they may hold out until bailiffs arrive.

Hopefully, it will be sooner rather than later, butbe prepared for disappointment

Phil_68

1 weeks notice as required, they cannot lawfully withhold pay but that doesn't mean they wont.

A letter say you will take action is usually enough. (After payday)

Phil.

LittleVoice

Takeaway_Addict wrote: »

No contact for him generally means 1 weeks notice unless they can prove custom and practise is 2 weeks.

No contract - there is a contract - evidenced by the fact that he's been working and they've been paying him.

Custom and practice doesn't come into this - how would he be expected to know what their custom and practice was? If they really haven't provided him with written terms which stipulate 2 weeks then the law is one week.

babyemily

Hello everyone I need your advice again please if thats ok. My husband has gone to work at 7am as normal today and hes being treated appallingly. He works on pricework but the company are refusing to give himm any, yet are refusing to pay day rate also - they just told him to do the c**p - which is a phrase for all the little jobs with no money on them. Usually done by an apprentice or agency worker. They have also said if hes not happy he can go to another build which is 100 miles away as there MIGHT be something there. I think they are making it clear they dont want him there. What would happen if he came home? Would he be able to leave there and start his new job tomorrow/Wednesday? Really would appreciate your advice again. Thank you.

Rylynn

Oh they are not very pleasant at all are they. If he leaves without working the weeks notice they will not have to pay him, well that is my reading on the law, someone else may say differently.

I can only tell you if it were me I would bag up my tools get in my van and head home. If he can start the new job tomorrow what has he got to lose other than todays pay?

Takeaway_Addict

LittleVoice wrote: »

No contract - there is a contract - evidenced by the fact that he's been working and they've been paying him.

Custom and practice doesn't come into this - how would he be expected to know what their custom and practice was? If they really haven't provided him with written terms which stipulate 2 weeks then the law is one week.

Sorry I meant written contract, of course he has a contract just by working and custom and practise would apply if it would be reasonable that he knew that everyone that left had to give 2 weeks notice.