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How much notice must I give when it's not written/stated in contract?

Hi Everyone,

I have recently been offered a job (woohoo!) with a new company. They are keen to get me in ASAP and thus would like me to start within 1 month.

I've been working for almost 10 years for my employer (small business) and am in a manager role. I'm very much a valuable member of the company, but unfortunately, I wish to move on for a number of reasons.

I can't find anything that states what amount of notice I must give. I've checked my contract (which doesn't exists as it was a verbal contract), employee handbook, previous emails and any other written material I can get my hands on which might state it.

From what I understand on the gov.uk site, I am only legally required to give 1 week, however that would be quite cruel. I could request up to 3 months if needed due to the amount of time I have worked there.

I don't wish to 'discuss' my notice period with my boss or enquire as he will get a sniff and write up some sort of agreement into my employment terms quickly to try to hold on to me as long as possible and buy the company as much time as possible to adjust.

Therefore, I would like to know if I'm correct in believing that I am only legally required to give 1 week (although I intend to give more). If this is the case, I am likely to give 3-4 weeks notice within my letter of resignation. I don't intend on burning any bridges.

Thanks for any advice or reference websites you can provide!

Cheers,
BL

Comments

  • In the absence of a contractual agreement for more, an employee only ever has to give one week's notice regardless of how long they have worked. (Well actually zero if employed for less than a month but that is not relevant here).

    However, remember a contract is not just simply a piece of paper with contract written on it! It can include the firm's policies and procedures, staff handbook etc and even custom and practice.

    Given that you have been there 10 years, most firms would probably expect rather more than a week even if, technically, they are not entitled to it. It is best to leave on good terms so might a month's notice not be a good idea?
  • Thanks undervalued (kudos on the Irony too)

    I intend on giving about 1 month (4 weeks) as I want to leave on good terms. I just want to make sure I've got my facts right and if anyone had further advice on the matter. Last thing I want to do is get in a tug of war over notice periods.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When I read the OP's username, I was hoping the first answer would simply be "Yes and No"
  • z1a
    z1a Posts: 2,522 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    "I'm very much a valuable member of the company,"
    And modest as well!
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