Resignation notice advice needed!

cheekylu

Hi all

My partner has been offered a new job, the current job she is in is a 0 hour contract, what we need to know is can she just give her notice in and leave that day? Or does she have to give a weeks notice? As with it being a 0 hour contract she is on, we thought she could just give the notice and just leave?

Thanks

PHILANTHROPIST

See following link

http://www.acas.org.uk/zerohours

Not sure re notice ... call ACAS on number in link and they will guide you.

HTH
Phil

getmore4less

Notice should be in the contract if not statutory notice applies.

It makes no difference any way as with both once you have complete all the agrreed shift within te notice period you can just turn down any other offer for work while on notice.

anamenottaken

getmore4less wrote: »

Notice should be in the contract if not statutory notice applies.

It makes no difference any way as with both once you have complete all the agrreed shift within te notice period you can just turn down any other offer for work while on notice.

The OP needs to check their own written particulars of employment because some can say the employee has to be available for work - it is simply that the employer does not have to offer any shifts. Not "fair" but is included in some contracts.

cheekylu

Her boss isn't very nice and she doesn't have a copy of her contract she's lost it. Other people have gone in and given their notice and just quit there and then, but I've got a feeling if she was to do that then he may get funny, does he have the power to withhold her wages that are due the end of the month? The company is Sports Direct.

anamenottaken

cheekylu wrote: »

Her boss isn't very nice and she doesn't have a copy of her contract she's lost it. Other people have gone in and given their notice and just quit there and then, but I've got a feeling if she was to do that then he may get funny, does he have the power to withhold her wages that are due the end of the month? The company is Sports Direct.

It is not lawful to withhold pay earned and any paid leave accrued but not taken at the time of the termination of employment should be paid too. (If someone has taken more holiday than accrued, then the contract will probably legally allow them to deduct any over-payment.)

Of course, some employers do not follow the law - but they can be pursued for unpaid wages.

I'm not sure whether your partner's employer is one of those which tries to retain the right to insist someone works shifts offered. A bit silly to do so though as who wants a disgruntled employee on the shop floor.

PHILANTHROPIST

cheekylu wrote: »

Her boss isn't very nice and she doesn't have a copy of her contract she's lost it. Other people have gone in and given their notice and just quit there and then, but I've got a feeling if she was to do that then he may get funny, does he have the power to withhold her wages that are due the end of the month? The company is Sports Direct.

Call ACAS on 0300 123 1100 or ask employer for guidance.

getmore4less

anamenottaken wrote: »

The OP needs to check their own written particulars of employment because some can say the employee has to be available for work - it is simply that the employer does not have to offer any shifts. Not "fair" but is included in some contracts.

That would not be a proper zero hours contract.
(nott hat there is any leagal meaning to zero hours)

Any requirement to accept work would give the employee more rights than an ongoing mutualy agreed working relationship

cheekylu

PHILANTHROPIST wrote: »

Call ACAS on 0300 123 1100 or ask employer for guidance.

I called them and they said they were not sure and that she needs to talk to her employer

Acc72

cheekylu wrote: »

I called them and they said they were not sure and that she needs to talk to her employer

Sorry to state the obvious, but have you done a few Google searches for this question with this specific employer ?


Given the size of the business I am sure than many other employees have gone through the same situation.


I would also assume that they have a central HR department where your wife can get a copy of her contract of employment and also the company handbook (which should cover notice periods).

anamenottaken

Acc72 wrote: »

Sorry to state the obvious, but have you done a few Google searches for this question with this specific employer ?


Given the size of the business I am sure than many other employees have gone through the same situation.


I would also assume that they have a central HR department where your wife can get a copy of her contract of employment and also the company handbook (which should cover notice periods).

There has been a case very recently and Sports Direct are to give more information to employees (like mentioning they have a right to paid leave) - but that is for new employees. It affects current staff in that they will have to provide information in staff areas to which part-time (= zero hours) staff have access.