HELP - Notice Period Required?????

pob82

How much notice am I legally required to give to an employer who never asked me to sign a contract?

My situation is this - I have been working in my current position since December 2012. I previously worked with my employer in a different company but he decided he was going to set up a separate company on his own and asked me if I would leave my position and go with him to help him run this new company. I was promised a pay rise, company car and pension. I will not go into huge detail but nothing has worked out as promised. The only thing that I have is a pension. I am still on the same money I was before but am now paying for travel expenses every week which drops my wage further. My employer never requested that I sign a contract. I think he just assumes that I am going to be with him for years, that I'm in this position for loyalty and he hasn't ever asked me to sign anything. His attitude has been, if his business does well he will make sure I do well from it. But that isn't professional and above board as far as I'm concerned. I have a young family that I provide for and I need to think of them and their upbringing.

I have, in the last week, been contacted by a recruitment agency in Dublin. They have a number of positions available which are much more suited to my needs and skills, the hours are more suitable for me and the money is much better. But how much notice am I required to give to my current employer? Some of the positions that have been put forward to me are requesting immediate start or as soon as possible i.e. within 1 or 2 weeks at the most.

I found the following information regarding notice periods on the internet and just want to know if its correct:

Period of Continuous Service/Notice Required
13 weeks - 2 years service - 1 week notice
2 years - 5 years service - 2 weeks notice
5 years - 10 years service - 4 weeks notice
10 years - 15 years service - 6 weeks notice
15 years and over service - 8 weeks notice

Based on this information I am only required to give 1 weeks notice under my current circumstances. I am a very loyal person and wonder is that too little time to spring on my employer, would I be leaving him in the lurch? He has, in ways, been good to me and I know he will be devastated when I tell him I am leaving, but then I wonder is it because he knows that he will be losing the best employee he has ever had? (I'm not being big-headed by saying that, I have completely transformed his work from basic and unprofessional to highly professional and this has been remarked to him on numerous occasions) I am the only person who knows how to use the filing system he laid out, I do everything in the office, accounts, day to day running etc. But then my partner and parents are telling me that I am only a "number" to him and that everyone is "replaceable" in a work environment and that he would suit himself and I have to do what is right for me in the long run.

Any help, information, opinions would be greatly appreciated.

mitosis

After a re-read

That the same person is employing you is unimportant. The company name on your payslip will determine how long your service is. One week looks correct to me

pob82

mitosis, thanks for your reply. The employer name on my payslip is different to what it was in November 2012. The new company has a different registered number, VAT number etc. He set it up from scratch. The old company that I worked in kept the same details but just changed their trading name. So the position I am in now is definitely with a new company. I hope I'm explaining myself right/clearly! Apologies as I know it is a bit confusing!

pob82

mitosis, again thanks for your reply! I was of the same opinion but needed to put it out there to get other opinions on the situation. My original post is a bit long-winded and slightly confusing but basically you are right, my employer is the same man but the company is completely separate and new.

Now my dilemma is the "loyalty" issue!!

Scrag

You are required to give one weeks notice. Remember your first loyalty and obligation is to yourself and your family.There is nothing wrong with being a good and loyal employee but at the end if the day an employee is all you are. Do not forget this. You should endeavor to leave on good terms. it is a very small world. Good luck.

tatli_lokma

I think give as much notice as you can without loosing out on a new job. Legally, 1 week is all you need to give. But although things haven't worked out with your boss, you may well need a decent reference from him and you are more likely to get this if you give him plenty of notice and a chance to find a replacement and possibly get them trained up before you leave.

A lot of job offers will be dependent upon references - the last thing you want is to get offered something and then fall at the last hurdle because he gives you a poor reference.

pob82

Scrag, thank you very much for your reply. I most definitely want to leave on good terms, I just hope that my boss feels the same way when I inform him of my decision. Anyone that knows me and knows him has already said that it will be like dropping a bomb on him and it might not go down too well. We shall see, as you said my first loyalty and obligation is to myself and my family.

pob82

Tatli Lokma - thank you too for your reply. Unfortunately most of the positions which are suitable for me require almost immediate starts. 1 week is the maximum I have seen so far. I don't particularly want to give my notice until I am guaranteed a new positions, I don't want to inform him that I am looking for something else so unless a position comes up that doesn't require an immediate start then I'm afraid it'll have to be the minimum amount of notice.
I have the option of approaching the Directors of the company that he left, I did work for them too so I can go back to them for a reference an I know that they would provide me with a good one.

Eoin

I have to wonder how realistic it is to expect someone already in a permanent role to be available in a week's time. If you're currently working and looking for roles with a degree of responsibility, I'd have thought that most employers would expect to have to wait a month.

I'd be surprised if you can't push back a little on this.

slave1

A previous poster outlined it correctly, your loyalty lies squarely with your family, believe me, I was many years with a company, thought never to be replaced etc, thought wrong, you are a number, everyone is.
I suggest noting a two week notice period during interviews, most employers would be okay with that, work a week and a half with your current employer and take a few days off before your next role.
Good luck.