No contract given advice please

dawn_rose

Hi I have started a job 6 weeks ago and still nit been given a contract if I go to another job will I have to give notice as have no contract? Will they withhold pay if I do not work a notice period? Thanks.

ohreally

You are entitled to a written statement of particulars within two months of starting.

Have you asked for one?

Masomnia

dawn_rose wrote: »

Hi I have started a job 6 weeks ago and still nit been given a contract if I go to another job will I have to give notice as have no contract? Will they withhold pay if I do not work a notice period? Thanks.

As above you are legally entitled to a written statement of employment particulars within two months.

The statutory notice period for someone who has been employed more than 1 month is 1 week, so in the absence of a written contract that would stand. So you are entitled to a week's notice, but equally you would be breaching your contract if you did not provide it, they could in theory take you to court for costs incurred, but in practice this very rarely every happens.

You still have a contract of employment, albeit a verbal one, which is still valid. They can't withhold pay for what you have worked + accrued holiday pay.

[Deleted User]

You just speak to them and say you are unhappy, maybe try for an agreement as you would be doing the right thing by all parties. 6 weeks long enough to have an incline of what your intuition tells you.

Beyond the first month worked, statutory notice in the absence of an officially written company contract is 1 week. Equally you tie in the leaving with when payday shall fall if you suspect trouble or appreciate you may be sent on gardening leave or more commonly asked to use holiday time as soon as you say you want to go. That's how I've found it increasingly moreso over the last year or so in level entry type and high turnover roles. Employers really do not want to keep someone who appears unhappy.

I remember someone (not me!) going off on holiday once, 3 weeks in and never came back, just got in contact whilst on hols I heard and said job not for me. Quite a senior role and still the company coped. Ironically they probably come off better then the person who decided at leave at 6 months once 'company probation' had passed. Ugh.

Undervalued

ohreally wrote: »

You are entitled to a written statement of particulars within two months of starting.

Have you asked for one?

You are indeed but there is no useful redress if they don't provide one. Regardless, in the absence of an agreement (which could be verbal) for longer notice then you are legally obliged to give one week.