how much notice?

[klm520]

This is the 3rd time I have worked at my current employers.  Both of those times I had signed a contract, THIS TIME I HAVEN'T SIGNED ONE!!

I have been working this time for 19 months.  Ive been advised (but haven't seen and cannot remember) that the contract states that 1month from the end of the month notice is required.  I'm concerned as this may mean that, if get another job offer on say the 3rd of the month, then this may equate to giving, nearly 2 months notice!! 

As I have not signed a contract, and get paid calender monthly (last working day of month), then what notice, by law, do I need to give??

[Sasha13]

Did you resign in writing the last time you left the company?

[nfn]

no contract? The law says one week

[jkkerr]

If you have been GIVEN a contract or terms of employment, you will need to work the notice as stated (not having signed the contract doesn't mean it doesn't apply).

However if it has not been indicated to you in any way (inc verbally) then as above, the law states one week.  As you have worked for the company three times, it may be fair to give four weeks notice regardless, if only to ensure a good reference!

[acw]

Given that you're entitled to a copy of your contract within two monts of starting (ERA 1996 s.1), why don't you ask for a copy on Monday so you can check? :-)

To clarify what nfn says, as you have been employed for between one month and two years, there is a one week notice period under s.86 of the ERA 1996. 

Had you been employed for longer, the notice period would be longer. 

However, please note that if there is a contractual notice period, that will apply. 

For your own sake, I advise getting a copy of your contract, checking it and signing it.  Please please read it first though!!!  If there's anything you're stuck on, just post up here!  By signing the contract, you are likely to gain more than you lose, but only if you check it first. 

[acw]

According to my book, without a signed contract, a separate s.1 statement must be issued, but that is not in istelf a contract, but merely prima facie evidence of the content of a contract, which would likely allow the court to conclude that there was a contract of employment. 

I believe that the courts can and will imply A contract of employment in certain situations, but not necessarily THE contract of employment that the employer had in mind.  i.e., they may find that you're an employee, which gives you certain rights that you wouldn't have otherwise, but they won't necessarily bind you to the terms of a contract that you didn't sign. 

Finally, if the notice period in the contract was particularly long, it may be caught by UCTA (Unfair Contract Terms Act 1977) and so the courts would invalidate it and probably revert back to the one week you get under the ERA. 

:-)