mykp

My brother has been working as this tin pot company for the past 6 months and he aint happy working there so i've told him to quit.

He has no contract of employment and has another job to goto.

The question i'm asking what rights has the employer if any if he doesnt have a contract of employment. If he walks straight away can they do anything or will he have to give notice? if so how long?

He's a bit bothered that they'll do something legal as he says there a bit keen on stuff like that.

PeteBrant

If he hasn't signed any terms and conditions, then he is not contractually obliged to give any notice - However, obviously it's not a good idea to burn bridges with emploers, if only for references, so a mutually acceptable solution would be the ideal - has he spoken to anyone there?

Heard it all before

Obviously very keen on the legal side if they haven't issued him a contract

He stands to lose any money not paid to him if he doesn't give notice so it depends if he has just been paid or not

mykp

Not yet, he has monday off as he works saturdays, so first day of the week is tuesday. He gets paid at the end of the month and i've told hime the best time it to quit after he's been paid but he has a new job he can start at anytime.

I think he needs to hand in notice, but I reccon they'll be arsey about it.

AudiLover

make them an offer they cannot refuse

RichWalk

have a look on the ACAS site, this is basic company requirements.

Buckrogers

Depends on probationary period, normally 3 months but can be more or less.

During the probationary period employer sacking the employee is fairly easy, but afterwards it is not so easy. I would expect the employee leaving to be similar.

After probationary period, what ever that may be there is a standard contract of employment between the employer and employee EVEN though nothing has been seen or signed.

judgejules

If he doesn't have a contract then its the minimum, which is as follows:

<1 month = 0 notice
>1 month = 1 week
2 years = 2 weeks
3 years = 3 weeks
...
year = week up to 12 max

If I were him I'd hand my 1 weeks notice in when I got paid (or when the cheque cleared if its not cash). The employer will take one of two steps:

1) Keep him on for a week and make him do all the awful jobs.
2) Let him go there and then under mutual agreement.

If its 1 then your brother can just go on the sick for the remaining days and self certify which is why employers tend to go for option 2 unless they are really short staffed.

The worst case scenario is; if he walks out and they need to hire a temp in for a week to cover the short fall. Technically they could take him to tribunal and get him to pay the temps wages, but the odds on this happening are pretty slim (depends on what situation he's putting the company in by walking out).

Jules

mykp

What judge jules said ties in with the info on the ACAS site and after finding this i've told him to hand his notice in at the end of the month, when he gets paid.

They already make him do the **** jobs so if they take action no 1 they would have to find some pretty revolting jobs.

mykp

Oh! thanks for the info as well