Resignation and Pay

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flashwalker | 11:37 Tue 25th Apr 2006 | Jobs & Education
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I want to resign from my position but my employer has never provided me with a written contract. I have been there for three and a half years. I am prepared to give 4 weeks notice but am fearful that, as I have witnessed them do in the past, they will tell me to leave straightaway without any pay for the notice period. I am paid monthly at present and believe that I am entitled to pay if they ask me to leave as I have offered the notice period but would just like somebody else's opinion.


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In the absence of anything else to the contrary, I believe your employment contract will legally be one week of notice (on either side) for each complete year of service, up to 12 years of service.

If you don't have a contract, I believe they can do this to you...
Well if you think they are going to do that, don't give them any notice. Just work up until the day you would have worked had you given notice and then resign. try and work it so its on or shortly after payday and you shouldn't lose out!

As you have no written contract, the notice period is assumed to be equivalent of pay cycles.

If you get paid weekly - one weeks notice.

Calendar monthly - four weeks notice.

You do have a contract of employment, even though it is not in writing.

If you are dismissed immediately on giving your notice to resign you will be able to pursue a claim for unlawful dismissal.

Have a look at the ACAS website. It offers loads of advice on work matters. Click on A-Z of Work, then select T for termination of employment.

Good luck

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