No Contract - so no notice needed when I leave?

[Clarinet60]

In a nutshell, I've been in the job since May. They didn't get round to giving me a proper contract until 2 weeks ago. I'd already found another job by then, so I didn't sign it, and told them I was leaving last Friday. They want me to do a month's notice, but I don't have to, do I? Can they prosecute me? (I'm working this week anyway.)

Hi Droile, how's things?

I suppose they could take money in leiu of notice from your wages but I don't see why they should. It's a bit grey without a contract, tell 'em to naff off

Hi Droile - my dp is in a similar situation. He began work in May and has never seen/signed a contract. They messed his pay around as well so he wants to leave. He has another job to start 2nd Jan so he is going to work until the 22nd of this month, make sure he's been paid and then give them a letter outlining that by not giving him a copy of his contract/terms&agreements etc within 2 month of starting they have breached his statutory rights and that he's therefore giving notice of one week. (He's not actually working over xmas new year anyway!)

I think you are required by legislation to give your employer at least a week's notice in the absence of a contract of employment. They must give you 1 week's notice for each eyar of service up to a maximum of 12.

Hi SaggarClaus.
Goosey, if I leave at the beginning of Jan, I'll have given them 2 weeks notice.

They will also have to explain why they did not produce a contract within one months of you strating work with them. So it really isn't in their interest to claim that you are an employee.

Thanks everyone.
I think it will be ok.

Droile how's thing's with your job? Have you left now? Hope everything's ok with you.

isn't there an implied contract if he continued to work in the absence of one?

Contracts of employment do not have to be in writing. Your employer is bound by statute to provide you with a written statement of your terms and conditions of employment within 2 months of starting work - a lot fail to do this though.

They are in breach of your statutory rights by failing to provide you with a written statement within the requisite time scale. They cannot now produce one and claim that you are bound by its terms. Were/are you paid weekly/monthly? That can be held to be a term of your employment and notice normally follows that, i.e. if paid monthly, you give a month's notice. However, one week's notice is probably sufficient. If they kick up a stink, just mention their breach of your statutory rights.

I'm paid monthly. I'm doing a month, to avoid nastiness, but from 15th Dec, which was when I told them. 2 weeks of that was Christmas! The cheeky you-know-what-ers now want me to work till the end of Jan because they're busy, but stuff that. I'm leaving next week, come what may.
Thanks for your help.

Let us know what happens Droile - what's your new job?

It's at a university, back in an acaedemic environment, which I've found seems to suit me best. It's office support and some science stuff too.