Right then, If I hand my notice in tomorow and offer a notice period of 4 weeks, what happens if my boss says he doesn’t want me to work the four weeks? Does he have to pay me even though I’m not there? Ive not got a contract with him so I don’t think he can hold me to any longer either(i’m pretty sure I could go shorter but I don’t think I would)
ta

How long have you worked there?

3 years no contract

Handing in your notice means ‘I am leaving in four weeks’ ie not tomorrow. So you are still employed. He has (hopefully) no grounds to sack you just because you gave notice. And even if he did there’d still be four weeks notice. He can only dismiss you instantly if you deck him or something equally dramatic.

If he wants to give you extra paid holiday that’s up to him.

EDIT: oh, if you have no contract, then he can do whatever he likes, and so can you.

You’ll have an implied contract even if nothing is written down. 4 weeks should be considered reasonable. If he wants you out quicker then you should still get paid, look up ‘gardening leave’

Decking him is an option but one I am currently holding back on. My understanding was that even though there isn’t a contract there is an implied acceptance of giving notice regardless ( i can’t find any concrete evidence for this).What I do’nt want to happen is me resign and him tell me to bugger off immediately leaving me without a months wages before starting my next job, i’m quite happy to work my notice as he’ll need help transferring my duties to some other nutcase prepared to work for him

When is your pay date, resign after this?

And if weekly…

pay date is today 🙂 wages are in, no payslip yet (as usual- it take a couple of emails to get one)

i think i’ll take the plunge and do it on monday, keep an eye the classified for all my kit if i goes pear shaped 🙂

AIUI statutory notice is one week per full year so you will get at least 3 weeks if you have three full years.

molgrips – Member

EDIT: oh, if you have no contract, then he can do whatever he likes, and so can you.

Nope – you have an implied contract which is complex but basically its the norm for that company or the terms you have been working to. Monthly paid or weekly paid? 4 weeks notice is reasonable and even if the boss does not want you in he has to pay you for the 4 weeks plus any holiday entitlement you have.

weekly paid TJ, I started work 1st january 2008 so just under 3 years.

He seemingly offered a contract to the part timers before I started but one was never offered to me. I was not that worried as he was sort of a friend before I worked there. 5 Months after I started my mum passed away and that sort of threw my mind and was just glad of the distraction of work to worry about a contract

Ah well, I sit corrected. That’s what happens when you wade in without knowing your stuff 🙂

Regardless of contract, if you’ve stated that you’re planning on leaving and that you intend your last working day to be, say, 1st December, you’re telling him that you’ll be working there up until that date.

Given that you’ve been there for at least 2 full years (and maybe three) then legally he’d have to offer you one week per year of service, even if he doesn’t want you to be in the office.

However, if the norm for the business is that there’s a month’s notice (which it is for the vast majority of firms) then that’s what he has to stick to.

All depends on whether he’s the sort of person who’ll stick to the law – chasing someone through the courts for a week’s wages is hard work and takes some time. Then again, you don’t like being there and you’re going to come across this same isse whenever you resign.

Do you have sufficient funds to tide you over for a full month should this guy decide to flout the law and not pay you?

In law the minimum notice you need to give him is a week and the minimum he needs to give you is 3 weeks notice (if you have worked 3 complete years). That’s unless your written contract (which you don’t have) says otherwise.

So if you want to leave in 4 weeks time but think if you tell him now he will want you to go sooner just wait until one week before you want to go and hand in your notice then. If your employer wants you to work longer before leaving either agree or remind him he should have given you a “statement of main particulars” within 3 months of you starting work and specified in that document what notice he wanted. In the absense of that document you are giving him the minimum notice the law requires.

weekly paid weakens you case for a months notice. I’d use cbrsyd line

I’ve dealt with employment law a fair bit, making redundancies, firing people etc. The only advice I would give is speak to ACAS (google) – assuming you don’t want to spend money taking advice from a solicitor.
Speaking as an employer I can tell you the law is heavily weighted in your favour!

cheers for all the advice. For all that I dislike him and the way he deals with his customers and his employees i’ve got no problem working the 4 weeks notice.
Either way I’ve handed it in and he accepted that i’ll be working until the 30th november, whether he changes his mind by monday is another matter.
I’ve got enough to last me till the end of the month if he gets arsey but i’d rather part with money in my bank and a smile on my face

oo sorry TJ i typed weekly and meant monthly, my head is seriously gone this week 🙂