leaving notice

[Giggsie]

Hi can anyone help me please How long notice do I have to give employer after 13 years?

[sag]

It depends on your employment contract.

[ladyalex]

I think it depends on what your contract says, not on your length of service....if it was a week when you signed the contract, that's what it is now.

[cumbrianlad]

28 days i think- doesn't matter how long you've been there

[Giggsie]

we have no contracts so thought maybe 2 weeks but 1 week would be good.

[sag]

Whoever is employing you is acting illegally. You should have a contract. If not.............just walk out as there is nothing your employers can do to stop you!

[ladyalex]

sag is absolutely right. If you do not have a contract of employment, your employer is acting illegally. Try asking the CAB about your situation. They have employment specialists and are very helpful.

[Giggsie]

boss said if we did walk out he can hold our wages and holiday pay due in lieu of notice.

[buildersmate]

Much of the above advice is misguided at best.
1) You do have a contract - in the absence of anything else, it is based on statutory terms and conditions plus custom and practice (these are called implied terms).
2) Your employer is breaking the law, but not because you have not been given a contract. By law your employer should have given you a written statement of the main terms of your job. This must include - name of your employer, date started work, the amount of pay and how often you will be paid, hours of work, holiday entitlement, title of the job, sick pay arrangements if any, pension scheme if any.
3) In spite of the lack of the above you just can't walk out - you must give at least one week's notice.

[buildersmate]

Oh no he can't. Its an illegal deduction of wages.

[sag]

Don't be blackmailed by this moron! Take heed od what lady alex said and see CAB immediately. They will inform the relevant authorities and see that your employer is shown the full arm of the law.

[Ethel]

You do have a contract - it was formed as soon as you accepted the offer of work. You just don't have the terms in writing.

The statutory minimum amount of notice you must give is one week when you've worked for your employer for one month or more. If your contract requires you to give more notice than one week then you should give it.

http://www.direct.gov.uk/en/Employment/Redunda ncyAndLeavingYourJob/DG_10026689

The contract doesn�t have to be in writing, but you�re entitled to a written statement of the main terms within two months of starting work

http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002790 5

[Coldicote]

I'm not sure whether this has any legal backing but, without a contract, it used to be a general understanding that you gave notice according to payment intervals, i.e. if paid monthly you gave a month's notice, similarly for weekly payment you would give a week's notice.

[jen78]

Some info here...

http://www.direct.gov.uk/en/Employment/Redunda ncyAndLeavingYourJob/DG_10026689

ACAS can help if you have problems...

http://www.acas.org.uk/index.aspx?articleid=14 61

[Giggsie]

thankyou all so much for your help. I have looked up cab website and it says 1week unless contract states different. thankyou again.

[jen78]

ACAS advice...

http://www.acas.org.uk/index.aspx?articleid=16 50

How much notice of termination must I get?
Both you and your employer are normally entitled to a minimum period of notice of termination of employment. After one month's employment, you must give your employer at least one week's notice; this minimum is unaffected by longer service. Your employer must give you:

at least one week's notice after one month's employment
two weeks after two years
three weeks after three years and so on up to 12 weeks after 12 years or more

However, you and your employer will be entitled to a longer period of notice than the statutory minimum if this is provided for in the contract of employment.

Most employees, subject to certain conditions, are entitled to certain payments during the statutory notice period. You can waive their right to notice or to payment in lieu of notice. Your employer can also waive their right to notice.

[Giggsie]

thankyou all for taking the time to help me out.