Notice Period when no contract of employment was issued

Ace9323

I have been in my current employment since July 2017 but was never issued with a contract of employment. I am looking to serve my notice but i don't know what the notice period is. I am a little worried that once giving my notice in i will be told it is 4 weeks as i think this was explained when starting the job but can't be sure. Could my notice period be shorter considering no contract was issued?

sangie595

If they told you it was 4 weeks then that's what it is. Proving it might be a different matter though. Statutory notice is one week.

Ace9323

Hi, Thanks for the reply. I don't have any intention of leaving on bad terms. Just don't want to be taken advantage of because their has been a few issues for me to get here. Either way i'm thinking its gonna be best to go in with 4 weeks notice.

sangie595

If you need to leave earlier than that, you could always ask. Or if you have leave, you might take that - in fact the employer might insist you take any leave owed.

Undervalued

Ace9323 wrote: »

Hi, Thanks for the reply. I don't have any intention of leaving on bad terms. Just don't want to be taken advantage of because their has been a few issues for me to get here. Either way i'm thinking its gonna be best to go in with 4 weeks notice.

You have less than two years of employment and have no evidence of a longer notice period (either way) than the statutory one week. So, there is a danger that if you give say a month's notice they could quite lawfully respond by giving you notice to leave in one week!

As Sangie has indicated, notice periods don't have to be specified in writing in a "contract" to be enforceable but obviously it is much harder to prove what was agreed if they are not. An employee handbook, a poster on the staff room wall or even custom and practice can form part of a contract as of course can a verbal agreement.

Technically they are in breach by failing to give you a written statement of main particulars of employment (i.e a "contract") within eight weeks of starting work. However there is nothing you can do about that unless you have grounds to bring some other claim against them. Such a claim can no longer be made on its own.

Ace9323

Thanks for the detailed reply. You've been very helpful