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I don't have a contract of employment and want to leave ASAP, how much notice do I have to give?

(14 Posts)
SammyK Tue 07-Jul-09 18:56:27

Can anyone advise me on this please? Need to write notice letter tonight {gulp}.

My original thread on issues is here. Thanks.

flowerybeanbag Tue 07-Jul-09 19:37:55

That doesn't sound good, looking at your other thread.

You only need to give a week's notice as you don't have a contract saying anything else.

SammyK Tue 07-Jul-09 20:08:18

Thanks for replying smile

Is that right? I hope so! Can I find that anywhere official in case my boss gets funny? Not questioning you, but would like it 'solid' to present to my boss if she disagrees if that mkes sense?

flowerybeanbag Tue 07-Jul-09 20:10:36

No problem here you go, official government site, first line of this page.

SammyK Tue 07-Jul-09 20:38:39

Thanks.

Just need to write my letter now, have no idea how to word it, am normally straight into letters and they are usually very direct and professional, but just don't know what to put in this one . . sad

flowerybeanbag Tue 07-Jul-09 20:43:05

I'd just keep it very short and to the point tbh. Something like:

Please take this letter as my resignation. In the absence of any contract I am giving you one week's notice as required by law, which means my final day of employment will be xxx.

amidaiwish Tue 07-Jul-09 20:47:03

is it true that any notice period is unenforceable by law, because making you stay somewhere against your will is against the European Court of Human Rights. (or did dh make that up?)

SammyK Tue 07-Jul-09 20:50:44

I could do that flowerybeanbag, but then she is bound to verbally ask why isn't she? I am very straightforward and to the point but hate confrontation. blush I am going to raise my concerns with Ofsted also, she will know that it will have been me no doubt when they contact her, but would like my last week to be a non-unpleasant as possible. hmm

Oh well at least I only have to give a week!!

amidaiwish - that makes sense I guess, but I suppose there could be financial repercussions if you didn't work a required notice period?

flowerybeanbag Tue 07-Jul-09 20:53:19

Um. He made it up! Well, no, actually technically if Sammy's employer forceably locked her in the building against her will to serve her notice period, then yes I imagine that would be in violation of her human rights.

But 'enforcing' a notice period wouldn't involve holding someone anywhere against their will, it would involve suing someone for breach of contract.

In reality obviously you can't actually force anyone to work a notice period, and frequently any legal action against the employee would not be worth the employer's while.

However things like a reference in future would be severely affected by walking out without working notice, and in the event that notice is only a week, working it as required seems the best option if at all possible.

flowerybeanbag Tue 07-Jul-09 20:54:48

x-posts. Yes she will ask why, but you don't have to give her the real reason (or in fact any reason) if you don't want to. You could make up a nondescript reason to get her off your back about it if you want, then she will realise later on once you've gone.

amidaiwish Tue 07-Jul-09 20:57:27

ah, thank you! makes sense... (glad i didn't take dh's advice last time grin)

SammyK Tue 07-Jul-09 20:59:33

Yes that may be the way to go. I could say personal reasons, and if asked any further say I'm sorry it's private I don't want to discuss it?

I don't mind working a week, DS won't like going tho! But hey atleast it's not 4 weeks like I thought.

flowerybeanbag Tue 07-Jul-09 21:00:47

Private personal reasons sounds absolutely fine, and enough to get her to leave you alone. A week will fly by before you know it.

SammyK Tue 07-Jul-09 22:56:16

Thanks flowerybeanbag you have been a big help. Have typed a very short notice letter citing private personal reasons, now just have to give it to manager tomorrow. GULP. Wish me luck..

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