No Contract - Notice Peroid

godtabh · 05-12-2007 8:03pm #1

If you haven't signed a notice period what notice period can you give?

stepbar · 05-12-2007 8:28pm

None needed! You haven't signed a contract. A notice period cannot be enforced.

Bald? er, dash! · 05-12-2007 8:36pm

Under Section 6 of the Minimum Notice Act, an employee is obliged to give one week’s notice of resignation.

You could theoretically be sued by your employer, but it practically never happens.

You should probably keep in mind your need for a reference from the current employer also...

leeroybrown · 05-12-2007 8:39pm

If you've been there for less than 13 weeks without a contract then no notice is required. Once you've been there for 13 weeks or more an implicit contract exists and you are subject to standard notice period of one week.

godtabh · 05-12-2007 9:02pm

Bald? er, dash! wrote: »

Under Section 6 of the Minimum Notice Act, an employee is obliged to give one week’s notice of resignation.

Has that been amended by the Terms of Employment (Information Act)?

Section 8 refers to repeal of provisions of minimum notices and terms of Employment act 1973?

The reason I want to know is that I've no contract. My company says my original job offer acts as my contract but I've been told this isnt the case.

I've got a few job offers and one company said that they'd like me to start straight away and offered me a signing on bonus if I start earlier to when I thought I could.

Quality · 05-12-2007 9:07pm

By law it is one week!!

leeroybrown · 05-12-2007 9:13pm

kearnsr wrote: »

Has that been amended by the Terms of Employment (Information Act)?

Section 8 refers to repeal of provisions of minimum notices and terms of Employment act 1973?

Section 8 of the Terms of Employment (Information) Act? I can't find any evidence of it doing that.

Bald? er, dash! · 05-12-2007 9:18pm

kearnsr wrote: »

Has that been amended by the Terms of Employment (Information Act)?

No, the Terms of Employment Information Act (1994) repealed the sections of the 1973 Act which refer to the requirement to provide a written statement of terms of employment & provisions dealing with the failure of employer to furnish statement. Statutory Obligation for employee to give 1 weeks notice remains.

I presumed earlier that you're in the job longer than 13 weeks (as leeroy brown outlined above), but it is unusual to have a job where a CoE has not been issued.

How valuable is the new job. Can you afford to write off the last X years from your CV from a reference point-of-view? Can they not wait one week? It's nice to be in demand like that

As I stated earlier, it is unlikely that your current employer would pursue you through legal channels, but I wouldn't be including them as a reference check anytime soon!!!

godtabh · 05-12-2007 9:38pm

Just realised I was reading the Explanatory booklet for employers and employees on the terms of employment act.

The only thing I would be worried about is what reference I would get.

I have one very good reference so I'd be happy to go with that and as you normally have to nominate a reference I could easily pick on other than the current employers as well as the new employers.

Would my job offer count as a contract?

Edit just to make it clear I am there 11 months

Quality · 05-12-2007 9:41pm

It depends on how replaceable you are, if you are easily replaced one week is fine, if you are highly skilled two to four weeks would be expected of you even more in order to train in your replacement. It is not a requirement by law, but usually just good etiquette.

godtabh · 05-12-2007 9:46pm

Quality wrote: »

It depends on how replaceable you are, if you are easily replaced one week is fine, if you are highly skilled two to four weeks would be expected of you even more in order to train in your replacement. It is not a requirement by law, but usually just good etiquette.

If I left in a week the company would be at a sever disadvantage but lets be clear I'm not leaving the **** them over.

Bald? er, dash! · 05-12-2007 9:55pm

kearnsr wrote: »

Would my job offer count as a contract?

I think in the absence of anything else, yes it does. And by accepting the letter of offer, you have entered into a contract of employment with the employer. Does this letter of offer specify a notice period? Otherwise, it doesn't make a difference to your current situation IMO

godtabh · 05-12-2007 10:11pm

Bald? er, dash! wrote: »

I think in the absence of anything else, yes it does. And by accepting the letter of offer, you have entered into a contract of employment with the employer. Does this letter of offer specify a notice period? Otherwise, it doesn't make a difference to your current situation IMO

Yeah it says 4 weeks on it but does it count as a contract? I thought you had to get a contract as well

Bald? er, dash! · 05-12-2007 10:29pm

kearnsr wrote: »

Yeah it says 4 weeks on it but does it count as a contract? I thought you had to get a contract as well

AFAIK, there is a difference between a Contract of Employment (which you have entered into by accepting the letter of offer)and a Company Handbook (which is a requirement of the Terms of Employment (Information) Act). The same statement applies from earlier, i.e. statutory obligation is one week. Where the CoE has specified something more, the employer could sue you for the breach of the contract with regard to the notice period, but it is rarely done becasue of the cost financially, and PR.

But what do I know, I'm just a boardsie - maybe there is someone from a Union or Employer body who can shed some further light on this...

Bald? er, dash! · 05-12-2007 10:49pm

Did a little digging into my old notes:

Essentially you have entered into a contract of employment on the basis of the letter of offer. Depending on the detail of that letter of offer, the employer may be in breach of the Terms of Employment (Information) Act by failing to meet all of the requirement re. your terms of employment, but this is a separate issue to the Contract (Explicit or Implied) that you have entered by turning up to work on the basis of the letter of offer. NB a contract of employment can't exist without a declared salary (or basis for wages, i.e. rate of pay). If your letter of offer does not have this most basic requirement of a contract, then maybe you have grounds to ignore the notice stipulation. Otherwise, if you took exception to the notice period in accepting the offer and the employer may be bound by the counter offer terms. The basis of a contract is (and appears to exist in this case):

Offer and Acceptable => Agreement
Consideration, i.e. you provide work, employer provides remuneration

I'd recommend that you don't take my word for this and seek alternative professional advice on the matter ASAP.

No Contract - Notice Peroid

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