RobSheffield Posted September 14, 2006 Share Posted September 14, 2006 Friend of mine has been working 8 months in a school, 25 hours a week, has not signed any contract. She attempted to hand in her notice today, only to be upset to such an extent by her manager that she cried (pissed me off too) She was told she has to give 6 weeks notice Quote Link to comment Share on other sites More sharing options...
Pete Posted September 14, 2006 Share Posted September 14, 2006 Nope. Obviously will end up with shitty references though. Quote Link to comment Share on other sites More sharing options...
penguin Posted September 14, 2006 Share Posted September 14, 2006 no contract as far as i know .... means no notice period.... but i would say 1 weeks should be acceptable to both parties. Quote Link to comment Share on other sites More sharing options...
jim_supra Posted September 14, 2006 Share Posted September 14, 2006 if she has not signed a formal contract that states this, the company cannot legally enforce a notice period. Quote Link to comment Share on other sites More sharing options...
jim_supra Posted September 14, 2006 Share Posted September 14, 2006 Nope. Obviously will end up with shitty references though. It's illegal to give a bad reference now i beleive, you can only decline to give one. Quote Link to comment Share on other sites More sharing options...
Pete Posted September 14, 2006 Share Posted September 14, 2006 From ACAS http://www.acas.org.uk/index.aspx?articleid=1121 How much notice of termination must be given? Both the employer and employee are normally entitled to a minimum period of notice of termination of employment. After one month's employment, an employee must give at least one week's notice; this minimum is unaffected by longer service. An employer must give an employee: * at least one week's notice after one month's employment * two weeks after two years * three weeks after three years and so on up to 12 weeks after 12 years or more. However, the employer or the employee will be entitled to a longer period of notice than the statutory minimum if this is provided for in the contract of employment. Most employees, subject to certain conditions, are entitled to certain payments during the statutory notice period. Employees can waive their right to notice or to payment in lieu of notice. Employers can also waive their own right to notice. Further information from the DTI website: (opens a new window) Quote Link to comment Share on other sites More sharing options...
penguin Posted September 14, 2006 Share Posted September 14, 2006 It's illegal to give a bad reference now i beleive, you can only decline to give one. - apart from if its for national security etc etc... eg mi5/6 cia Quote Link to comment Share on other sites More sharing options...
Pete Posted September 14, 2006 Share Posted September 14, 2006 It's illegal to give a bad reference now i beleive, you can only decline to give one. Ok - but a decline isn't good in the eyes of an employer. Quote Link to comment Share on other sites More sharing options...
jim_supra Posted September 14, 2006 Share Posted September 14, 2006 Ok - but a decline isn't good in the eyes of an employer. yes but, it gives the person applying for the job a chance to give a decent explanation as to why their employer would've refused to give a reference. even if it's made up! Quote Link to comment Share on other sites More sharing options...
RobSheffield Posted September 14, 2006 Author Share Posted September 14, 2006 Pete, thanks sooo much for the link and info, and the rest of you too.....i might well owe you a drink or 7 Quote Link to comment Share on other sites More sharing options...
penguin Posted September 14, 2006 Share Posted September 14, 2006 can you send me a cheque instead Quote Link to comment Share on other sites More sharing options...
Ark Posted September 14, 2006 Share Posted September 14, 2006 No contract, no terms they can enforce. Quote Link to comment Share on other sites More sharing options...
RobSheffield Posted September 14, 2006 Author Share Posted September 14, 2006 can you send me a cheque instead no Quote Link to comment Share on other sites More sharing options...
kaapstad82 Posted September 14, 2006 Share Posted September 14, 2006 [ANGRY][/ANGRY]Did anyone else witness the reaction by the manager ,if so to bring someone to tears must have been bad and isn't short of common assult/bullying etc enough reason not to go back. Quote Link to comment Share on other sites More sharing options...
RobSheffield Posted September 14, 2006 Author Share Posted September 14, 2006 [ANGRY][/ANGRY]Did anyone else witness the reaction by the manager ,if so to bring someone to tears must have been bad and isn't short of common assult/bullying etc enough reason not to go back. Sadly she wont take it further. When she told me i was livid, i wanted to go in and rip this bitches throat out and explain to her (before the throat ripping) some of the basics of employment law Quote Link to comment Share on other sites More sharing options...
Pete Posted September 14, 2006 Share Posted September 14, 2006 Pete, thanks sooo much for the link and info My pleasure Rob, hope she sorts it out. Not much point in taking it much further - just ask her to point out the ACAS info. Print it out and she can hand it to them. They won't like it, but there's naff all they can do about it. Quote Link to comment Share on other sites More sharing options...
RobSheffield Posted September 19, 2006 Author Share Posted September 19, 2006 Ok, this gets worse. bit of background info that im not sure is important - She is a teacher, in a small private school with approx 50 members of staff. My friend never signed a contract but apparently they are saying she must give 4 weeks notice as she accepted the job in interview. im pretty sure thats bullshit Secondly, they have made her cry, discussed particulars of the complaint made against the nasty member of staff with other staff, and the nasty bitch who is at the heart of it, hasnt even been suspended I have suggested she either walks out, or that she pulls a sickie for 4 weeks. comments? Quote Link to comment Share on other sites More sharing options...
SuperSupra Posted September 19, 2006 Share Posted September 19, 2006 I see no reason whatsoever why she should go back Rob, I would walk out, having handed in my notice and never go back. In theory as far as I know she could hand in a notcie that says "I am leaving the company with immediate effect and that would be sufficient. I had a fairly similar incident with my last job where they were trying to enforce a notice period. I advised them that I have a few other job interviews that week and that "I wold appreciate it" if they would let me go to them (having no intention at all to stay) and 10 mins later my boss said, yeah no probs go today. They have no rights demanding she comes back, period. Oh, and the bit about her accpeting the job in the interview so she has to give notice is bullshit mate, what a load of rubbish. They're grasping at straws there. Quote Link to comment Share on other sites More sharing options...
SupraAyf Posted September 19, 2006 Share Posted September 19, 2006 No contract, no terms they can enforce. 100% correct. The funny thing with contracts is that they may stipulate a 6-month notice period (as an extreme example), but European Law stipulates an individual may give his/her employer 30-days notice to leave - and we are European after all. No employer wants to get embroiled in that!! Quote Link to comment Share on other sites More sharing options...
Ark Posted September 20, 2006 Share Posted September 20, 2006 100% correct. The funny thing with contracts is that they may stipulate a 6-month notice period (as an extreme example), but European Law stipulates an individual may give his/her employer 30-days notice to leave - and we are European after all. No employer wants to get embroiled in that!! If you've signed a contract agreeing to a 6 month notice period, then you can still be sued for breach of contract if you don't live up to that. However, any sane company would put you on garden leave for that time, because you certainly won't be productive, and you may steal company information. Quote Link to comment Share on other sites More sharing options...
veilsideTT Posted September 20, 2006 Share Posted September 20, 2006 They have actually breached employment law by failing to provide written particulars/terms of employement within 2 months. She should send a Greivance letter stating this. If they dont put it right within 28 days (which they cant as you cant turn back time) then she is well within her right to take them to a tribunal. You dont have to have a "contract" as such now. Just Terms of employment. How can you be expected to know what "notice" you must give if it was never set out in your terms! irrespective of if its only statatory notice..... it should still be set out in your "terms of employment" Quote Link to comment Share on other sites More sharing options...
Supragal Posted September 20, 2006 Share Posted September 20, 2006 This always makes me think if one did walk out what would they actually do? Nothing, theres so little chance they would bother following it up it's not worth worrying about, as long as whoever hasn't been a dick about it and said when they intend to go then fair play. Interestingly it would seem that everyone thinks i'm on 4 weeks notice, but my contract is actually 1 weeks notice. shhhh. Quote Link to comment Share on other sites More sharing options...
RobSheffield Posted September 20, 2006 Author Share Posted September 20, 2006 Yeah, she was in tears on the phone to me last night as she thinks she will go to prison if she walks out. She is a very very shy person though. Quote Link to comment Share on other sites More sharing options...
martin_a Posted September 20, 2006 Share Posted September 20, 2006 I'm on two months and looking to shift so the EU thing is interesting. Could they make you sign a contract or hold you to a contract that effectively breaks the law? m. Quote Link to comment Share on other sites More sharing options...
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