We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

No contract - can I just leave?

2»

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    Some employees wrongly believe that if they do not sign the contract, they cannot be bound by its terms and so will simply refuse to sign as a matter of general principle. In these situations, employers should clearly communicate that the terms as written down are the terms of employment under which the employee is engaged. If the employee continues to perform their duties and receive the benefits they are entitled to under the contract – such as pay and holidays – then the employer should notify the employee that the employer deems that the terms of employment have been accepted.

    http://www.markmasonlaw.co.uk/blog/?p=128
    ..Can he just leave today without giving notice or could he end up being taken to court?...

    Why does your colleague think he might be taken to court? What contract term did he disagree with? Why does he want to leave?
  • To leave immediately it should really be done within the first 4 weeks of employment (had a new employer once point out in a starting letter they could get rid without having to pay notice at under 4 weeks it was only 2016!)
    or best case with the agreement/Employer on side.

    I presume they secured wages.

    I live by the ex Manager at the depot on the subject of leaving who I unfortunately met to late after making many mistakes on this subject, they were like it's considered just rude to leave at no notice offered if you've been 'anywhere a while'. Personally I prefer short terms jobs for the very reason of quicker notice periods, less agro all around :) I had a co worker query my week's notice period only recently, I happily told them the company were in breach and if only they had got a pay rise that was due sorted quicker and instead of them forgetting my reviews, we'd have been looking at 1 month but because they didn't do that and added to the fact for all employees under 2 years their notice period was 1 week, well.
    (The company I left didn't kick off, payroll went as far as to override the 'line manager' which was slightly odd but understandable as months earlier when there was a possible redundancy of a senior colleague albeit in a different team floating , who would you rather keep) Sometimes a company might be glad your going for not quite (forgive me) the 'obvious' reasons so you never know how'll they will react.
  • Undervalued
    Undervalued Posts: 9,881 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To leave immediately it should really be done within the first 4 weeks of employment (had a new employer once point out in a starting letter they could get rid without having to pay notice at under 4 weeks it was only 2016!)
    or best case with the agreement/Employer on side.

    I presume they secured wages.

    I live by the ex Manager at the depot on the subject of leaving who I unfortunately met to late after making many mistakes on this subject, they were like it's considered just rude to leave at no notice offered if you've been 'anywhere a while'. Personally I prefer short terms jobs for the very reason of quicker notice periods, less agro all around :) I had a co worker query my week's notice period only recently, I happily told them the company were in breach and if only they had got a pay rise that was due sorted quicker and instead of them forgetting my reviews, we'd have been looking at 1 month but because they didn't do that and added to the fact for all employees under 2 years their notice period was 1 week, well.
    (The company I left didn't kick off, payroll went as far as to override the 'line manager' which was slightly odd but understandable as months earlier when there was a possible redundancy of a senior colleague albeit in a different team floating , who would you rather keep) Sometimes a company might be glad your going for not quite (forgive me) the 'obvious' reasons so you never know how'll they will react.

    Only if no notice period is specified in the contract. Then, as you imply, the legal default is zero notice in the first month.

    After that an employee is obliged to give one week's notice, regardless of length of service, unless the contract specifies more. After the first year, an employer has to give one week for each full year of service up to a maximum of 12. Again, the contract can specify more.

    Finally, a contract is not simply a sheet of paper with the word "contract" on it. It can include job adverts, employee handbooks and even verbal agreements. Unless positively rejected and working under protest it is binding whether signed or not.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.3K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.