Giving notice with no contract

[Mylee]

I have worked in my current job for 2 years next month. When I started, I signed an initial contract stating I was in a 3 month probation period, and that my notice at that time was 1 week. My probation meeting wasn’t held until a year after I started for various reasons. I have never been given an updated contract so I’m unsure of what my notice period would be. I want to leave as soon as I can but I’m not sure how much notice to give

I also have around 11 days of holiday to take. Can they refuse to let me take this during my notice?

I'm surprised the contract didn't go on to detail the notice period after the probation period. Have a check, or look at your staff handbook.
Yes, they can refuse you the leave if its not convenient for them, but they will have to pay you for them.

@Zorinindustries the contract was only for the probation period and doesn’t detail anything after that. I had a good look through today. They’ve never given me an up to date one or got me to sign anything passing my probation, it was just verbal. What’s an employee handbook?

That’s what I thought about the holiday, thank you

It’s not uncommon for your notice period to be your pay period so if you’re paid weekly it’s often a weeks notice, if your paid monthly then one month etc. Not a hard and fast true but been true to all my previous jobs

@YerAWizardHarry that’s really helpful thank you. I’m paid every month based on a salary, so I’m guessing it would be 4 weeks notice then

In the absence of anything else to guide you, four weeks notice is pretty standard and generally you tag any accrued and unused holiday to the end of that and functionally finish earlier. They can require you to work for your whole notice period, but then I think they have to pay out your holiday in any case.

Many employers have a handbook for staff detailing all the policies and expectations. If you don't know about it, I would guess your company doesn't have one.

I'm really surprised that you were not given a proper contract, it sounds like a bit of a disorganised place.
Sorry I can't be any more help, I'd give 4 weeks if I were you and if they need longer the will tell you.

www.acas.org.uk/notice-periods/notice-when-resigning

@Mylee

I have worked in my current job for 2 years next month. When I started, I signed an initial contract stating I was in a 3 month probation period, and that my notice at that time was 1 week. My probation meeting wasn’t held until a year after I started for various reasons. I have never been given an updated contract so I’m unsure of what my notice period would be. I want to leave as soon as I can but I’m not sure how much notice to give

I also have around 11 days of holiday to take. Can they refuse to let me take this during my notice?

I would double check the document you received initially. If it mentioned the notice period during probationary period then it surely mentioned the notice period outside that.

I do not think it is normal to receive a new “contract” after the probationary period, in fact I have never heard of that. Also employers need to provide a statement of written particulars to employees, they may have called it that rather than a “contract”.

I think the only thing to do if you cannot find your paperwork is to ask what your notice period is, assuming you want it to start as soon as possible. Your employer can refuse to allow annual leave to be taken during notice period yes.

If you haven't been given anything that details notice period (including employee handbook or policy on the company intranet for example), then you only legally need to give statutory notice, of one week. Don't give more if you don't have to, but double check for a policy first.

They can refuse a holiday request. They have to pay you for any accrued but unused holiday.

If you’re giving notice it’s only a week, unless your contract specifies otherwise.