Notice Period Despite Never Having Seen An Employment Contract

[sam100]

HI

I'm just about to hand my notice in at work after 13 months having been with the company. I was never given a contract as our MD forgot about it and it's not something that I was too concerned about.

I'm intending to give one months notice. Do you think this is fair?

[treetops68]

Yes, As i believe you are only required to give a fortnight but as you have no contract I think I am right in saying you are not obliged to give any. (but I stand to be corrected on that)

[Buenchico]

If your employer failed to comply with his legal duty to provide you with a 'written statement of employment particulars' he can't really object to any reasonable notice period.

One month is reasonable for most types of employment. (Senior bankers might need to give 6 months or a year as a notice period, while consultant surgeons sometimes need to give two years, but one month usually allows most employers time to advertise a post, interview and get the new person into their post).

[buildersmate]

Contrary to the above, statutory notice period applies since you have not received a contract that would override statute. Statutory notice period is one week for employee giving notice to employer.

[Buenchico]

>>>Statutory notice period is one week for employee giving notice to employer

I'd be amazed if you could actually find a statute with that requirement, BM. It may well be 'custom and practice' but I very much doubt that it's statute law.

[factor-fiction]

There is this that may be relevant
http://www.legislation.gov.uk/ukpga/1996/18/part/IX/crossheading/minimum-period-of-notice

[buildersmate]

So there you go then. ERA 1996 s86 (2). Thanks to FF for finding it.

[Peter Pedant]

blimey well done boys
I always thought it was the payment period ( monthly if paid monthly etc)