Unusual situation. Handing notice in with no contract

[Remmy123]

I have been working at the same company for two years. I signed an offer letter which never stipulated any notice period.

I was told a contract wouid follow but it never came and in all honestly I never chased this up as I was told by a colleague that the notice period was 3 months.

it hasn't been the best two years so I knew I wouid be leaving - the owner of the company has spoken to me terribly (and others) and other issues - however I do like the rest of the team and want to leave on good terms.

anyway fast forward on I am close to receiving a job offer wouid it be fair if me to give a months notice even though it's supposed to be 3 months (even though nothing has signed)

my husband has said to just make out I thought it was 1 months notice period. there is no HR department.

thanks all

If you didn’t sign a contract then your notice is probably the statutory notice period. Have you been there over or under 2 years?

If you have no contract then yes a month's notice is fine.

Thanks - I have been there over 2 years?

If they wanted you to have a notice period they should have given you a contract

It's either 1 or 2 weeks depending upon whether you have fewer or more than 2 years service.

As pp said, they should have sorted out their administration if they wanted more than the statutory minimum . . .

Then you only need to give them two weeks notice.

I wouldn't bother giving them any.
You have no contract , he's spoken badly to you.

Who does all the HR stuff?
Is it all being done legally?

The founder does all the HR stuff contracts etc there is no legal / HR department

thanks all

Sounds like a right disorganised mess of a business, congratulations on your new job and 2 weeks maximum.

You could just walk out they would have no grounds.

An unsigned contract can still be valid. Your actions of being there for the past two years say that you agree with the contract

If they wanted 3 months then they should have stipulated 3 months.

In normal jobs, 1 month is perfectly fine.

In your case, ACAS [link below] says that it would default to the statutory notice, which is '2 to 12 years – statutory notice is 1 week for each full year they have worked' so if I were you, in my letter of resignation I'd say that without a written contract, the statutory notice as determined by ACAS would be 2 weeks [and put the link in], but because I want to be fair to the company, I am happy to give you one month.

www.acas.org.uk/notice-periods/notice-when-being-dismissed-or-made-redundant

What about an invisible one, never written even with invisible ink and never read?

Agreed. If the company OIts a new policy in place while you are working there they don’t make everyone sign it - you agree by way of working for the company. I would ask ACAS.

How would anyone know if a new policy was in place without even knowing the old one?

They should let people know or it would be in a central place (internal website) with all the policies which would be your responsibility to view. Some companies have an internal news or thread and mention it so then again you would have to read it. Maybe not fair, but my understanding is that it is your responsibility to understanding company policies.

That applies when the employee is being dismissed, not when the employee is leaving voluntarily.

If you get paid monthly, I'd give them a month's notice and if you get paid weekly/fortnightly give that much notice.

Thanks - I haven't even seen a contract they didn't bother, it is so bizarre considering the industry I work in!

All I have is a offer letter which states salary and hours

I only know it's 3 months because someone else told me!

So you have no clue if your contract states 90 days or 90 minutes?

Give them a month but be prepared for them to be sketchy

Can you afford a month with no wages?

Have they given you any policies [paper or electronic] that say your notice period is 3 months? If not I'd just give them one week's notice (hand in Friday and finish following friday)

Offer them the two weeks statutory notice period and then I suppose you could appear to be super-reasonable and help them out by working a month's notice if it suits you. Don't let on that you know it's three months. Stick with 'I checked with Acas and only two weeks are required as I have no contract.' Hope you;re happier in your next job.