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Notice Period/Finish Date - No Contract

I've handed in my notice at my job earlier today, as i've been offered another job. I've not got a contract with my current employer. I've been working here for 2 and a half years, a mixture of part- and full-time.

As far as I understand, I have to give two weeks notice because of the length of time i've been employed.

When I told my employer I needed to start my new job ASAP, preferably 4th July (2 weeks, 2 days), they said no. I was told I cannot leave my current job until i've been replaced and i've trained someone new.

Is this allowed? It is only admin work in my current job, and it's therefore it isn't technical/doesn't require extensive training. I'm worried that i'm putting my new job at risk if I cannot start on time.

Thanks for any advice!

Comments

  • DCFC79
    DCFC79 Posts: 40,614 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 June 2016 pm30 3:46PM
    The fact you have no contract as there is a default (wrong word to use but was best I can think of) option or 1 that can be used in a situation like yours.
  • If you are paid monthly, I wouldn't rely on it being 2 weeks not after 2 years+, you could appeal to them eg makes payroll smoother you leaving x date? Bargain with any due leave.

    Why is the new place in such a hurry?

    Of course you can leave when you want but it would be silly to fall out over it or lose reference - when my quick start job didn't appear all it was cracked up to be, I was glad I worked notice with my last employer. In fact under beggars can't be choosers turned, I've applied to my old employers sister which I hope shall be allowed even if my direct old governor doesn't take anybody back, I'm rather at their mercy... so my advice always leave on as best a term as possible when you have time with the particular employer behind you.

    If you google for gov.uk "handling staff resignations" as employer, you'll see it rather suggests the employer can tell employee when their leaving date is.
  • If you are paid monthly, I wouldn't rely on it being 2 weeks not after 2 years+, you could appeal to them eg makes payroll smoother you leaving x date? Bargain with any due leave.

    Why is the new place in such a hurry?

    Of course you can leave when you want but it would be silly to fall out over it or lose reference - when my quick start job didn't appear all it was cracked up to be, I was glad I worked notice with my last employer. In fact under beggars can't be choosers turned, I've applied to my old employers sister which I hope shall be allowed even if my direct old governor doesn't take anybody back, I'm rather at their mercy... so my advice always leave on as best a term as possible when you have time with the particular employer behind you.

    If you google for gov.uk "handling staff resignations" as employer, you'll see it rather suggests the employer can tell employee when their leaving date is.

    They were hoping to have me start at the beginning of the month, and also because there's opportunities for immediate training that week.

    I was really hoping to leave on good terms with my current employer, and i've never had any issues with them until now.

    It's also not so much the fact that they want me to stay over the 2 week period, but they won't give me a time scale at all. So I could effectively be given just a few days notice from them also, and then find myself waiting to start.
  • Usually its if you are paid monthly you give a months notice, they cant make you stay and train someone though that could take months.
  • Undervalued
    Undervalued Posts: 9,385 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Usually its if you are paid monthly you give a months notice, they cant make you stay and train someone though that could take months.

    Maybe "usually" but legally there is no connection between pay interval and length of service.

    In the absence of a contractual agreement for more, an employee only ever has to give a week's notice regardless of length of service. If the employer was giving notice, then they would have to one week for each complete year of employment up to a maximum of 12.

    So, unless the OP has a contractual requirement to give more then a week is all the employer can insist upon.
  • General_Grant
    General_Grant Posts: 5,168 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Undervalued is correct.
    With no written particulars provided by the employer, the OP need give only one week's notice.
    The employer cannot refuse to accept that notice.
    One week's notice given today (a Saturday) would expire the following Saturday.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I agree that undervalued has got it right if there is no contractual notice period. However, just because the OP hasn't been given a contract doesn't mean the notice period doesn't exist, for instance it may be documented in the staff handbook. The fact that the employer seems to be making things up may well be a good sign that they haven't documented it, but it really needs to be checked before deciding what notice to give.
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