Help with notice- urgent

[Fandoozle1]

Hello,
I wanted to ask, (probably a stupid question but please bare with me), does a staff handbook in anyway act as a contract of employment? And if not, how can I make my boss understand this? He’s adamant it does. The reason I ask is I’ve been offered a new job and when I told him and talked about giving notice he said I have to give a full four weeks, but I’ve never signed anything (a contract) to agree to this (although it is in the staff handbook).
Any help appreciated as I’m stressing out.

Thanks in advance

[Sauvignonblanket]

At my work it does - but reference is made in the contract and the handbook to the two being connected. My notice period is in my contract not the handbook because we have different notice periods for different levels.

[InOtterNews]

A month's notice is fairly standard.

How long have you been at the company?

Every employee should have a written contract - however they do not have to include notice period so staff handbook can be used.

I'd give ACAS a call.

[Greenkit]

If you get paid monthly then I believe you need to give a months notice

[InOtterNews]

Statutory notice depends on how long you've been there - not when you're paid.

Contractual notice cannot be less than statutory but it can be more- esp if you are a senior manager. i.e. my contractual notice period is 12 weeks.

Statutory notice (if you've been there more than 2 years) is 2 weeks plus 1 week for every year worked - to a maximum of 12 weeks

[leghairdontcare]

Yes, in absence of a contract it makes sense to refer to the staff handbook for your terms and conditions. You will have accepted them by working there.

4weeks is pretty standard. Although if you are not able to work there, how likely is it that your employer will sue you for breech of contract (especially knowing you weren't issued with one)? What is your statutory notice period?

[LifeSpectator]

it does here in our office, the handbook sets out all standards, procedures etc and so only if you're deviating from these standards, does it go into your contract of employment ie if you have agreed a longer notice period than one month, or agreed the person had a holiday prebooked they can take irrespective of amount of time worked, we used to operate that if you were paid monthly it was a months notice, weekely a week, this changed though to everyone being paid monthly a- usually untaken holidays means you can leave earlier or be paid more.

[HidingInTheKitchen]

Handbook aside - if nothing is written down then statutory notice is 1 week for the employee regardless of length of service (different for the employer if they are letting the employee go with notice e.g. redundancy)


Handbooks can be contractual or not but this would be stated usually on a contract of employment. Without one and if nothing exists where you have signed to say you have read and understood the handbook you could argue its one week.


All that aside though, what is stopping you from working 4 weeks? It's always more beneficial to have positive parting relations with an ex employer.

[prh47bridge]

You don't need to have signed anything. Your employment particulars (of which the handbook may be part) should set out notice periods and are contractual simply because you have continued working there. So your employer is probably right.

[Burlea]

Are you paid weekly, 4 weekly or monthly. Which ever you are paid that's your notice period unless you are senior management then it can be up to 3-6 months.
Will your new company wait for you. Will your old boss be leniant in letting you leave early.

[Comefromaway]

Yes, where I work they form part of our particulars of employment.

[prh47bridge]

Which ever you are paid that's your notice period

Not true. This seems to be a common myth.

[Beamur]

Do you have any untaken leave? Where I work you could use that in lieue of some of your notice.

[Fandoozle1]

Hello all,

Thank you so much for taking the time to reply, just on a short break so wanted to quickly say thank you.
I will complete four weeks (as per the handbook) but I wasn’t sure as to whether it counted as a “contract” as it doesn't state that, but as a few of you have pointed out, by working here I’ve accepted the terms in the handbook.
I don’t know if the new job offer can hold on for four weeks, I did tell them I would clarify what my notice period was and then contact them to confirm. Would be a shame if they can’t, it’s a job much closer to home and better pay and hours. I guess if it’s meant to be then it will be.
Thank you again.

[AnotherEmma]

"There is always a contract between an employee and employer. You might not have anything in writing, but a contract still exists. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract. Your employer has to give you a written statement within 2 months of you starting work. The statement must contain certain terms and conditions."

And
"Your express terms might not be in one written document, but could be in a number of different documents. They might not be written at all.
You might also find express terms in:
[...]

• an office manual or staff handbook."
  

From www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/

So in all probability you do have to give 4 weeks notice.

When did you start the job? Do you have anything in writing? Maybe an email or letter confirming the job offer and the role, hours and salary?

More info about handing in your notice at www.citizensadvice.org.uk/work/leaving-a-job/resigning/your-notice-period-when-resigning/

[FabbyChix]

Go sick get a sick note and do t go back band in your notice with the sick note

[PrincessRaven]

Are you paid weekly, 4 weekly or monthly. Which ever you are paid that's your notice period

No no and no

[Span1elsRock]

Go sick get a sick note and do t go back band in your notice with the sick note

Do NOT do this OP, especially if you want a reference from your current employer. Whenever we employ staff, we expect them to have to give a months notice as it is standard. You can use any leave you have outstanding, but do not get signed off sick. That's truly disgusting behaviour.

[PrincessRaven]

your notice can be negotiated, depending on your role

what kind of job do you do?