Leaving Non Contract Job

OneLife_OneShot

I have been with my current job for over 4 years, I am hopefully about to start a new job soon. Signs are good.

Anyway, I have a verbal agreement of 32 hours a week but its more as and when required. All my wages are done through PAYE system so HMRC knows I work here.

My boss has refused to ever give me a contract, its more for him than me, incase I did decide to leave which I am aiming to do. There is not one piece of paper stating I have to work x amount of days notice.

If I accept the new job and since I have nothing signed or any notice period of any kind has ever been spoken about can I just legally walk?

Thanks

Undervalued

OneLife_OneShot wrote: »

I have been with my current job for over 4 years, I am hopefully about to start a new job soon. Signs are good.

Anyway, I have a verbal agreement of 32 hours a week but its more as and when required. All my wages are done through PAYE system so HMRC knows I work here.

My boss has refused to ever give me a contract, its more for him than me, incase I did decide to leave which I am aiming to do. There is not one piece of paper stating I have to work x amount of days notice.

If I accept the new job and since I have nothing signed or any notice period of any kind has ever been spoken about can I just legally walk?

Thanks

No, you do have a contract by virtue of the fact that you turn up and work and he pays! It doesn't have to be in writing to be valid.

In the absence of an agreement for more an employee only ever has to give one week's notice, regardless of how long they have worked for the firm. (Well zero if employed for less than a month).

If the employer was giving notice then it would be one week for each full year of employment but that is not relevant here.

OneLife_OneShot

Thanks for that. I told the company I am due to work to work for a week anyway just to be safe.

steampowered

You are required to give one week's notice, assuming no agreement to the contrary.

The Employment Rights Act 1996 states as follows:

"The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week."

OneLife_OneShot

I find it slightly ludicrous I have to give any notice when I could be let go tomorrow and could do nothing about the situation with nothing to protect me.

agrinnall

OneLife_OneShot wrote: »

I find it slightly ludicrous I have to give any notice when I could be let go tomorrow and could do nothing about the situation with nothing to protect me.

As stated previously, your employer would have to give you 4 weeks notice, or pay it in lieu of notice.

OneLife_OneShot

agrinnall wrote: »

As stated previously, your employer would have to give you 4 weeks notice, or pay it in lieu of notice.

So if he said tomorrow we are letting you go he would have to pay me 4 weeks wages?

Undervalued

OneLife_OneShot wrote: »

So if he said tomorrow we are letting you go he would have to pay me 4 weeks wages?

Yes unless he lets you work the four weeks - his choice.

Would also have to either let you use up any remaining holiday or pay you for it after you leave. Again his choice.

steampowered

Plus the employer could be sued for unfair dismissal, if he just let you go after 4 years service without any reason.

OneLife_OneShot

Gave one weeks notice last Tuesday and tomorrow is my last day. Put it in writing also Thanks for all your help