Rights when you've not signed a work contract?

JoshyBoy_2

Hi all

I'm currently employed, however when I started I never signed a contract etc so don't know my rights as such.

I'm currently looking for other work but I am unsure of my leaving notice period.

Obviously I don't want to ask anyone around the office as that would make it obvious I'm looking elsewhere!

As I didn't sign a contract is it a case I could walk out tomorrow if I wanted?

Any help would be appreciated.

SeduLOUs

https://www.gov.uk/handing-in-your-notice-resigning-leaving-job

1 week or whatever your contract dictates. If you don't have a contract, then it's 1 week.

JKSandy

If you are paid monthly then I would give 1 months notice.

getmore4less

Contract don't have to be wrotten and even when they are they don't have to besigned.

A contract exists, the statutory notice is 1week, othe notice can apply if this has become contractual, vernbaly obvious custom and practive hanbookks etc

pay period is irrelivent.

Undervalued

JKSandy wrote: »

If you are paid monthly then I would give 1 months notice.

There is no connection between pay frequency and length of notice. It is a popular myth, maybe it was true at some point in the dim and distant past but it is not now.

Atidi

JoshyBoy wrote: »

Hi all

I'm currently employed, however when I started I never signed a contract etc so don't know my rights as such.

I'm currently looking for other work but I am unsure of my leaving notice period.

Obviously I don't want to ask anyone around the office as that would make it obvious I'm looking elsewhere!

As I didn't sign a contract is it a case I could walk out tomorrow if I wanted?

Any help would be appreciated.

This is why you should always demand a copy of your contact of employment in writing.

Ask for it today.

No one here can tell you what your contact demands by way of notice - ask your employer. Your employer is going to know you are looking elsewhere anyway when you ask him for a reference and/or the new employer contacts him for one.

Perhaps it's 3 months or even longer :eek: (but without your written acceptance of terms it may be difficult for the employer to enforce, but not impossible e.g. customary practice)

What I can say is that if you were to walk out tomorrow (without the approval of your employer) you will almost certainly be in breach of your contract.

Reality is that most employers won't do anything about it, though. Perhaps you'll be doing them a favour as many employers want employees intending to leave off the premesis asap as they usually cost more money than they earn from that point forward. If you walk out voluntarily, at least the employer won't have to pay you in lieu of such notice.
(And if you've already secured a job elsewhere, your new employer won't be requesting any references from the existing employer anyway)

JKSandy

Undervalued wrote: »

There is no connection between pay frequency and length of notice. It is a popular myth, maybe it was true at some point in the dim and distant past but it is not now.

I never said there was as I said that's what I would do.

jobbingmusician

Atidi wrote: »

This is why you should always demand a copy of your contact of employment in writing.

Ask for it today.

No one here can tell you what your contact demands by way of notice - ask your employer. Your employer is going to know you are looking elsewhere anyway when you ask him for a reference and/or the new employer contacts him for one.

Perhaps it's 3 months or even longer :eek: (but without your written acceptance of terms it may be difficult for the employer to enforce, but not impossible e.g. customary practice)

What I can say is that if you were to walk out tomorrow (without the approval of your employer) you will almost certainly be in breach of your contract.

Reality is that most employers won't do anything about it, though. Perhaps you'll be doing them a favour as many employers want employees intending to leave off the premesis asap as they usually cost more money than they earn from that point forward. If you walk out voluntarily, at least the employer won't have to pay you in lieu of such notice.
(And if you've already secured a job elsewhere, your new employer won't be requesting any references from the existing employer anyway)

If the employee has never had, or signed, a contract, the default is a week. Why are you recommending he ask for a contract now, when he is leaving? Isn't that simply introducing the possiblity that the employer might ask for a longer notice period?

Undervalued

Atidi wrote: »

This is why you should always demand a copy of your contact of employment in writing.

Ask for it today.

You can "demand" all you like but there is no effective redress if the employer fails to provide. In theory you can add this failing to a valid claim you take to an employment tribunal but you can no longer make this claim on its own. Should you win the other claim then the tribunal might (but don't have to) add some additional compensation.

As jobbingmusician has said above I certainly wouldn't ask (let alone demand) it now!

JoshyBoy_2

What would happen if I just walked out. In reality, what could my employer do? I wouldn't, just out of interest.

Savvy_Sue

JoshyBoy wrote: »

What would happen if I just walked out. In reality, what could my employer do? I wouldn't, just out of interest.

In theory, sue you for the costs of replacing you during your notice period. Rarely happens, but can.