minimum employee leave notice

dbmauser

i will be leaving work due to some mental problems i have been having. i have worked since 2008 with my current employer and have no current contract. what is the minimum leave notice i have to give? struggeling to find anything online from the employee side,it all seams to be the employers side

mrsbyrne

Look. Why be so rash as to leave work? Would you not just ho out sick on Illness Benefit? How to you know you won't be be feeling much better snd be fit yo go hack to work soon?
In answer to your question, if you have no contract stating notice requirements, then. 1 week is enough.

dbmauser

because its been going on for over 6 months and it all stems from work stress to the extent of bullying. i have been seeing a phycologist so im not just imagining things. thanks for your reply

MarkAnthony

Speak to an employment solicitor before you do anything; I can guarantee you from personal experience it pays dividends in the medium to long term. Many people don't understand what a solicitor will do, especially the 'behind the scenes' work.

mrsbyrne

dbmauser wrote: »

because its been going on for over 6 months and it all stems from work stress to the extent of bullying. i have been seeing a phycologist so im not just imagining things. thanks for your reply

Im not suggesting you are imagining anything at all. What I am suggesting is that you apply for Illness Benefit and go out sick if you are not well enough to work. For all you know you could respond to treatment and be back at work in a couple of months. Once again, if you don't have a contract then 1 weeks notice is sufficient. You don't need a solicitor. Giving your notice, asking for a pay rise, going on maternity leave, some posters on here can't seem to see past getting legal advice first. Not necessary.

MarkAnthony

mrsbyrne wrote: »

Im not suggesting you are imagining anything at all. What I am suggesting is that you apply for Illness Benefit and go out sick if you are not well enough to work. For all you know you could respond to treatment and be back at work in a couple of months. Once again, if you don't have a contract then 1 weeks notice is sufficient. You don't need a solicitor. Giving your notice, asking for a pay rise, going on maternity leave, some posters on here can't seem to see past getting legal advice first. Not necessary.

This is the legal discussions forum and many of us have daily contact with the legal profession. Many posters can't get over their own bias and hours spent watching US TV drama.

If the OP is being bullied to the point of being off sick they need legal advice. It is reckless in the extreme.


OP do what you think is best, realistically the chances of being sued over not giving a notice period is very small indeed. Unfortunately due to the moronic mentality of 'OMG you wentz legalz' very few people approach their employer properly informed and simply leave when right and the law was on their side. Coupled with depression and stress it means you are not thinking in your own best interests.

In my case my employer had no idea I had even engaged a solicitor until I had reached a settlement (at the very top of the ex gratia scale) and told me to engage one at their cost so that I couldn't come back at a later stage and sue. A properly drafted non-disclosure agreement will be in both parties best interests and will ensure a good reference.

EDIT: Incidentally you will have at least entered into a statutory employment contract if not a specific one by continuing to work and draw a salary, again a solicitor will be best placed to advise.

Pat Mustard

It happens that people go out sick from work due to stress from bullying. In those circumstances, they are still technically employed, but they may be unable to work and may not be in receipt of a salary but may be eligible for social welfare.

It helps if there is a solicitor there to deal with the employer, in circumstances such as those. When people are at difficult times in their lives, it's very difficult to remain objective and to make the correct choices. That's why even lawyers hire other lawyers to represent them.

Also:
[Mod]
mrsbyrne,

If you are going to advise people of their notice requirements on this forum, please cite an appropriate source..

There is the issue of the Legal Discussion forum charter.
[/Mod]

mrsbyrne

The Mustard wrote: »

It happens that people go out sick from work due to stress from bullying. In those circumstances, they are still technically employed, but they may be unable to work and may not be in receipt of a salary but may be eligible for social welfare.

It helps if there is a solicitor there to deal with the employer, in circumstances such as those. When people are at difficult times in their lives, it's very difficult to remain objective and to make the correct choices. That's why even lawyers hire other lawyers to represent them.

Also:
[Mod]
mrsbyrne,

If you are going to advise people of their notice requirements on this forum, please cite an appropriate source..

There is the issue of the Legal Discussion forum charter.
[/Mod]

I apologise.
Here it is. As I said no real need for a solicitor.
http://www.irishstatutebook.ie/1973/en/act/pub/0004/sec0006.html#zza4y1973s6

leeroybrown

The original question is simply answered as "one week" without any need for a solicitor. However, given the broader description of the situation talking to an employment solicitor would be advisable. Just giving a week's notice creates a social welfare entitlement problem in the short term and potentially other issues in terms of longer term income when some proper advise could benefit the OP.

Pat Mustard

mrsbyrne wrote: »

I apologise.
Here it is. As I said no real need for a solicitor.
http://www.irishstatutebook.ie/1973/en/act/pub/0004/sec0006.html#zza4y1973s6

No problem.

But I don't see the need for resignation.

mrsbyrne

The Mustard wrote: »

No problem.

But I don't see the need for resignation.

If you look back I have twice discouraged the OP from resigning. Going out on Illness Benefit doesn't imply resignation.
But the OP asked a question and the link to the legislation gives him his answer once and for all, should he continue to be determined to give his notice.

mrsbyrne

leeroybrown wrote: »

The original question is simply answered as "one week" without any need for a solicitor. However, given the broader description of the situation talking to an employment solicitor would be advisable. Just giving a week's notice creates a social welfare entitlement problem in the short term and potentially other issues in terms of longer term income when some proper advise could benefit the OP.

I don't see what further help a solicitor could give. The Op is entitled to give his notice. One week is all that's required. he cant/wont get Jobseekers Benefit as he's not looking for work or fit for work so being "disqualified" from JSB doesn't feature.
His employer is not obliged to make him redundant as its not a "redundancy" situation. neither is his employer obliged to offer him alternative employment. What do you see the legal implications being here?

leeroybrown

OP do whatever makes sense for you. If you've the financial situation to just walk and you think that's best then maybe it's easiest. Just make sure you've considered the implications before you do it instead of taking other options.

mrsbyrne wrote: »

I don't see what further help a solicitor could give. The Op is entitled to give his notice. One week is all that's required. he cant/wont get Jobseekers Benefit as he's not looking for work or fit for work so being "disqualified" from JSB doesn't feature.
His employer is not obliged to make him redundant as its not a "redundancy" situation. neither is his employer obliged to offer him alternative employment. What do you see the legal implications being here?

An employee experiencing mental illness due to workplace stress and bullying with the correct advice can often get declared on stress related sick leave for a reasonable period of time during which they'll automatically be eligible for illness benefit (or potentially whatever sick pay scheme their employer provides). This retains a defined income, avoids quitting immediately, allows the employee the time to consider their options fully and should make it easier for the employee to transition to social welfare in the event of long term incapacity. I also know people who've taken this route and actually returned to work successfully from situations that they felt were impossible at that moment in time.

We clearly have two different opinions here so we can agree to disagree.

mrsbyrne

leeroybrown wrote: »

OP do whatever makes sense for you. If you've the financial situation to just walk and you think that's best then maybe it's easiest. Just make sure you've considered the implications before you do it instead of taking other options.


An employee experiencing mental illness due to workplace stress and bullying with the correct advice can often get declared on stress related sick leave for a reasonable period of time during which they'll automatically be eligible for illness benefit (or potentially whatever sick pay scheme their employer provides). This retains a defined income, avoids quitting immediately, allows the employee the time to consider their options fully and should make it easier for the employee to transition to social welfare in the event of long term incapacity. I also know people who've taken this route and actually returned to work successfully from situations that they felt were impossible at that moment in time.

We clearly have two different opinions here so we can agree to disagree.

But I don't think we are disagreeing at all, only in that in my opinion an employee certainly doesn't need a solicitor to advise him or help him to apply for Illness Benefit, a very straightforward process indeed. I have advised the OP to apply for IB from my first post on in this thread. Ill leave it now as just going around in circles.

MarkAnthony

mrsbyrne wrote: »

But I don't think we are disagreeing at all, only in that in my opinion an employee certainly doesn't need a solicitor to advise him or help him to apply for Illness Benefit, a very straightforward process indeed. I have advised the OP to apply for IB from my first post on in this thread. Ill leave it now as just going around in circles.

I completely agree the OP does not need a solicitor to apply for illness benefit. My apologies if this is the point you were making. OP for the sake of clarity it looks like myself and mrsbyrne are dealing with discrete issues. My advice for what it's worth is deal with the underlying issue - for this I suggest you speak to an employment solicitor.