No Contract / Probation

[june04]

I have been at my job 3 months but I'm not enjoying it and want to leave. I have an interview on Friday and hoping I get the job.

I have completed my 3 month probation here in that I've worked here 3 months. Never been late, not been sick, had praise by various people I'm doing a could job (I'm just a cleaner by the way)

However no one had acknowledged I've done the three months or given me a contract as yet.

What I want to know is do I need to give one week's notice still? If I just leave assume I wouldn't be paid/not look good etc..

But just wondered if by law I would have to?

Thank you if anyone can help.

You do actually have a contract because you have actually started work and been paid. This is a basic, unwritten, contract of employment. It is a legal contract of employment though.

What you do not have is a statement of the contract terms such as paid holidays, sickness, hours of work, rate of pay, notice period, pension arrangements etc. It is poor that your employer has not given you a written statement but you can ask what notice is required but, as a guide, if you are paid weekly, it is one week, (usually). If you get the new job, would it be unreasonable to start one week later? Hopefully they will give you a written statement before you start.

Without any information from your employer about notice period, I think you could just leave but you need to ensure you will be paid so I would give a week’s notice but check first that you will be paid for work undertaken in the notice period.

ACAS have advice on their web site about what should be in a written statement so you can check for the future.

As you have been in the job for more than 1 month, the statutory notice period is 1 week. That is the amount of notice you are required to give unless you have had something from your employer stipulating a longer notice period. If you leave without notice they could, in theory, take action against you for breach of contract in order to recover any costs they have incurred as a result of you leaving without notice, although in practice it is unlikely they would do so. The most likely negative effect if you leave without notice is that they won't give you a reference.

Thank you both. I do get paid weekly. I shall give them one week's notice then should I decide to leave.

With such limited investment in terms of longevity, I wouldn't worry about not getting a reference. Always abide by your notice period, yes - it will ensure you have left a good service record.

Quite honestly if it came to it , you could probably drop the role from your CV and say you took time off for family reasons and nobody will think the worse of you.