I have to leave asap

[angel1977]

Hi All, i hope someone can help me this is my situation.

I started working for a healthcare company as a healthcare assistant in early May of this year but i have never signed a contract, i usually work 33 hrs per week.

I had decided pretty much in the first month that i wanted to leave but being in so much debt i decided to try and stick it out and see if it got better, which it has not infact its worse much worse.

Due to a much increased work load, a change of managers and their attitude i now really need to leave. I know that once you sign a contract with them you need to give a months notice but i kind of jobs i like and have experience in are mostly asap starts or only want to wait a week or so, i dont want to hand in my notice with having another job and they have doubled my hours without even telling me i found out on the rota sheet and they are all 12hours shifts and they are backbreakers! I honestly dont think my body and mind could last another 6-8 weeks there.

So my question is: can i give 1 weeks notice as i have not signed a contact or have i been there too long??

[mariefab]

One week's notice is fine.

 

Employment Rights Act 1996 (c. 18)

[angel1977]

Thank you Thank you Thank you You have made a bad day all bright again !!! I dont even mind losing the week or so holiday pay that they will no doubt withold. Now another question i take it i should state in my notice letter that the reason i'm giving one week is because i've not signed a contract.

[Jan4a]

I think employment law is that you only have to give one week's notice if you have worked there for less than 1 year, contract or not.

 

Check out the link Mariefab gave you.

[elpulpo]

a quick question, you say you haven't signed a contract; have they provided you with anything to sign during the course of your employment?

[BeauBrummie]

Thank you Thank you Thank you You have made a bad day all bright again !!! I dont even mind losing the week or so holiday pay that they will no doubt withold. Now another question i take it i should state in my notice letter that the reason i'm giving one week is because i've not signed a contract.

 

You can state that you wish to leave for personal reasons and leave it at that.

 

You should not have to forego any Holiday Pay accrued and I would put that in your letter to be paid in your final pay calculation--Paid Holiday is a Statutory Right dont lose it.

 

Beau

[BeauBrummie]

I think employment law is that you only have to give one week's notice if you have worked there for less than 1 year, contract or not.

 

Check out the link Mariefab gave you.

 

Yes you are correct

 

Statutory Notice periods as follows

 

Less than 1 Month Service = Nil by employee or employer

 

1 month to 2 years Service = 1 week

 

More than 2 years = 1 week for every complete year of service

 

Beau

[BeauBrummie]

Signing of a "Contract" or "Terms and Conditions of Employment" is not a condition of employment.

 

If no local agreement is in place, ie you have not signed anything then the Employment Rights act is what you should follow as a guide to your conditions of service----and IS legally binding.

 

Good working practice says that you offer an employee a "Contract" which will state any local variances within the binding ERA. Usually stating rate of pay holiday and sick entitlements etc.

 

Hope this helps

 

Beau

[mariefab]

You can use the link below to help you work out how much untaken holiday you are due.

 

Calculate your employees' holiday entitlement | Business Link

 

As Beau has said you are entitled to this.

 

Statutory Instrument 1998 No. 1833

[postggj]

Also I Take It You Can Leave Your Job With Out Notice If The Employer Agrees To This

[BeauBrummie]

Also I Take It You Can Leave Your Job With Out Notice If The Employer Agrees To This

 

Yes, but obviously you should not expect to get paid if you resign. If it is instigated by the employer then good working practice says that he should pay the employee the Statutory Right.

 

 

Beau

[angel1977]

Thanks all, i am beaming

Elpulpo, the only things i signed was a few sheets of paper along with 20 other people, stating a had been on various traning courses.

 

Beau Brummie, I know its a right! tho try telling them that! I know people who have left and they didnt get it or had to fight for ages for it but i will put it in, infact the bit about the one weeks notice link i'm gonna print off and enclose it with my notice and if i can find it the one about the holiday pay then that too. i just want to be ready if/when my manager tells me i have to give a months notice or no contract cos i think they will defo!!!

[elpulpo]

The OP states that they haven't signed anything; however, if their employer has presented them with a written statement of particulars in compliance with section 1 of the ERA, would the employee therefore be bound by any terms of that document over and above the ERA? For example, notice periods etc. Or would the terms of the written statement only be enforcable by the employer if they have a copy of the particulars signed by the employee? ERA 1 states only that the employer 'shall give to' the employee a written statement

[BeauBrummie]

The OP states that they haven't signed anything; however, if their employer has presented them with a written statement of particulars in compliance with section 1 of the ERA, would the employee therefore be bound by any terms of that document over and above the ERA? For example, notice periods etc. Or would the terms of the written statement only be enforcable by the employer if they have a copy of the particulars signed by the employee? ERA 1 states only that the employer 'shall give to' the employee a written statement

 

Are you saying that "been presented" means the employee knows what the terms are? but refused to sign the document. If so then proof would need to be sought that the employee knew of the notice period.

 

If this happens in my workplace. I issue a disclaimer that the employee signs to say that they have been presented with their Terms and Conditions but have decided not to sign it. In the OP's case it would appear that no document in any form has been presented.

 

So if there has been no agreement presented nor signed nor verbally stated then the overiding principles of the ERA will prevail meaning the minimum statutory notice period can be given.

 

Beau

[elpulpo]

The reason I asked (sorry, I know we're getting away from the OP's question!) is that I recently started a new job and was yesterday presented with a written statement. Now, several parts of the statement I feel are unreasonable.

I've been advised by longer serving employees to simply not sign and return the document, seemingly the employer doesn't chase up a signed copy from their employees, even though the accompanying letter states that one copy should be signed and returned.

If I simply do this, and don't actively challenge the terms that I feel are unreasonable, I trust that it won't subsequently be held that by merely taking receipt of the statement it was implied that I agreed to the terms?

[mariefab]

If I simply do this, and don't actively challenge the terms that I feel are unreasonable, I trust that it won't subsequently be held that by merely taking receipt of the statement it was implied that I agreed to the terms?

 

I'm don't think that will work.

If, after receiving the terms, you raise no objection to any of them; I'm pretty sure that after ? amount of time has passed that you are deemed to have accepted the terms.

 

If you'd like to post the terms that you are not happy with, we could check to see if they are lawful for you.

[elpulpo]

will do. I'll start a new post rather than hijack this one. thanks

[angel1977]

I just want to thank everyone for their help, today has been so much better knowing i'm not stuck there for the next month or so and just to make it clear my job was advertised as various shifts and days and at my interview i told my boss the days and hours i wanted to work and he ok'd it. I never even been given a sheet of paper stating my job title and duties, contracted hours or rate of pay never mind anything like a contract, the only thing i signed was a standard company application form and a form for a enhanced crb. This is the best bit of news i've had since last xmas apart from beating Littlewoods, Capital One, Studio and NatWest at the unfair charges game, full refunds + awaiting to hear about a default removal (thanks crap1) and second time for Vanquis!

I'm still in debt but i have reduced it by 75%

[Jan4a]

I have a friend who works in care so I know shifts are awful and pay is low! They only ever have minimum staff as well so as soon as someone goes on hol or off sick, they're working even more hours. They've been on 6 day weeks for the last month - they're supposed to be on 5.

 

So, I can relate to what you say! Good luck in your new job.