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Note period with no contract and in position less than one month

A friend of a friend has just taken a new job. She's worked there for two weeks.

She's not getting on with it and has said she wants to quit. She's worked there less than one month so there's no statutory notice period, but her employer is saying she has to give notice.

However she's not received or signed a contract, or been told about it verbally.

What's the legal position?

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  • Undervalued
    Undervalued Posts: 9,883 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    No, zero if she has worked there less than a month.

    After that, in the absence of a contractual agreement for more, an employee only ever has to give one week's notice.

    Your link is for employers giving notice.
  • Undervalued
    Undervalued Posts: 9,883 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    cactusdust wrote: »
    A friend of a friend has just taken a new job. She's worked there for two weeks.

    She's not getting on with it and has said she wants to quit. She's worked there less than one month so there's no statutory notice period, but her employer is saying she has to give notice.

    However she's not received or signed a contract, or been told about it verbally.

    What's the legal position?

    A "contract" is not simply a piece of paper with contract written on it. It can include the firm's standard procedures, verbal agreements and even custom and practice.

    However, as stated above, in the absence of anything like that then she does not have to give any notice.

    Be prepared though for a struggle to get paid, particularly for the day's holiday she will have accrued with two weeks work!
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 25 February 2017 at 4:48PM
    Zero notice all the way. In first month.

    I have left jobs at 5 days and 8.5 - straight away and both times overridingly thanked for not wasting the employer's time any further. One did get slightly funny that I couldn't come to the decision on first day even but as I said I couldn't leave myself unemployed and not trying so perhaps friend is telling them there is no job to go too to get that reaction.

    Got paid eventually, no holiday pay.
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