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Question about notice periods

Hi there. I have a question I was hoping someone could help me with. I am planning on leaving my job next month. I started there last July so will have been there around 8 months. I have never been given a contract or any sort of written statement of particulars and therefore do not know what my required notice period is.

I was planning on giving a months notice, however, my question is, can they ask me to leave immediately or to work a shorter notice period? February is a really quiet time of year in my industry and I'm worried that I will be asked to leave and then have no income for a month (I do have a job to go to but can't really afford to be out of work for a month. )

Any thoughts would be much appreciated. Many thanks!

Comments

  • ableandy
    ableandy Posts: 265 Forumite
    OK. Firstly they have broken Employment Law by not giving you a contract or statement of particulars. That said you have continued to work for them and so could be deemed to have accepted their standard terms.

    Legally you are entitled to a Statutory 1 weeks notice, the company may offer more but you will have to find out what the standard is for your company.

    Are you going to a similar company? If so they may invoke a Gardening Leave clause (if they have one).

    Don't forget you will also have holiday to take as well.
    :jI am an Employment Law Paralegal and an experienced Human Resources Manager and offer my guidance as simply that ... guidance :j
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    lauzt1987 wrote: »
    Hi there. I have a question I was hoping someone could help me with. I am planning on leaving my job next month. I started there last July so will have been there around 8 months. I have never been given a contract or any sort of written statement of particulars and therefore do not know what my required notice period is.

    I was planning on giving a months notice, however, my question is, can they ask me to leave immediately or to work a shorter notice period? February is a really quiet time of year in my industry and I'm worried that I will be asked to leave and then have no income for a month (I do have a job to go to but can't really afford to be out of work for a month. )

    Any thoughts would be much appreciated. Many thanks!

    If no other terms have been provided to you in writing then the statutory notice periods apply - one week from either side as you have worked there for less than two years.

    If you think the standard notice period expected by your employer is one month, do check your offer letter, if you received one, for any reference there to a handbook being available on the company's intranet or that nothing was said during your induction period.

    They could ask you to leave your place of work immediately but they would still need to pay you for your notice period and any holiday accrued but not taken up to the time of the end of the notice.
  • lauzt1987
    lauzt1987 Posts: 371 Forumite
    Thanks for the advice everyone. I have checked my offer letter and no mention of notice periods so just going to suggest a month and hope they go with it!
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