handing in notice

Legally all you have to give is 1 week's notice, no more and no less.

This talk of giving/working 4 weeks notice if paid monthly and 1 week if paid weekly is not correct. It makes no difference how often you are paid, the same notice term applies for both. Your employer cannot force you to work 4 weeks notice and he must pay you for any notice period you do work, so expect 1 week's money if that's all you work.

If you've given him 2 week's notice then he should think himself grateful you're giving him an extra 7 days in which to find a replacement. In the current economic cimate he shouldn't have much trouble, unless he's a known bad employer, in which case you're lucky you're getting out. As Bri said, don't burn bridges, but equally don't do anything that may harm your chances of starting your new job when you have agreed to.

Remember, an ex-employer cannot give a bad reference, at worse he can just refuse to give one at all but must legally confirm your start and leaving dates if asked.

Is your new offer of employment subject to successful references? Is your current employer one of those references? As said try not to burn bridges, but if you do have to walk out, discuss it with your new employer first and ensure they will support you in the event that your current employer refuses to give a reference or tries to bad mouth you within the industry.

nah its looking like its all sorting itself out. my boss is still talking of the 4wks notice 'unless i find someone to replace you sooner'. but i spoke over with the admin woman (who deals with all the paper work) and she said she's gonna sort out everything so i am paid up and finish next friday as that is when ive said i am working until.

i'm gonna have all my work done up to a point where i can leave everything sitting for someone else to take over and see where i've left things. whether its a new surveyor, or my boss. i've also given someone his details as i know of a surveyor out of work and needing a job, i've also got someone else who said theyd be willing to come in over evenings/weekends and help him out, whilst they work there other job.

so i think i've been more than reasonable with him and i wont be leaving on bad terms.

as for new job, all is fine there. i am not waiting on references or anything like that. i found out about the job through someone from my old work (i was made redundant from there in sept) so they spoke guys at my old work about me and thats basically how i got the job!

but it looks like things are sorting themselves out and i'll be starting my new job a week on monday as planned! but i'm very happy with the new job and taking a sizeable pay increase into the bargain!

Originally Posted by Lozzo

Legally all you have to give is 1 week's notice, no more and no less.

This talk of giving/working 4 weeks notice if paid monthly and 1 week if paid weekly is not correct. It makes no difference how often you are paid, the same notice term applies for both. Your employer cannot force you to work 4 weeks notice and he must pay you for any notice period you do work, so expect 1 week's money if that's all you work.

Where is the evidence of facts please Loz? My contract dictates I must give 4 weeks notice. Are you saying this is not factual? I would have no issue on leaving on a bad note from my current employers. But have already found when applying for new positions outside of the company, the 4 week notice has been an issue.
If I have proof I can submit to my current employers regardless of what my contract stipulates and the fact I signed the contract. I'd keep that one on the back shelf for a time when I might need it. There have been a lot of redundancies here and each one of them have either worked the 4 week notice or been made redundant within the week but had an additional months wage included in their redundancy package.

Originally Posted by Stig_Of_The_Dump

Where is the evidence of facts please Loz? My contract dictates I must give 4 weeks notice. Are you saying this is not factual? I would have no issue on leaving on a bad note from my current employers. But have already found when applying for new positions outside of the company, the 4 week notice has been an issue.

It's 1 week unless the contract states otherwise. The implied term is often taken to be the same as the pay period (weekly, monthly).

Stig -
the stat minimum notice perios any employee needs to give his employer is one week. HOWEVER the contract will state in fuller terms the expected notice the employee shall give.

Only if the contract is silent will the Stat Min Notice Period take precedent if you have worked one month or more (the caveat as always A much longer notice period may however be implied if it is reasonable in all the circumstances (i.e. what is normal for a person of that seniority and in the industry such as MD's and Directors)

So you are right to state that your notice is 4 weeks as this is stated in your contract

Evidence employment law notes from Unite trainig course

Remember also that notice periods may be in referenced conditions of employment; not in the contract itself, but to another document the contract refers to.

Originally Posted by Stig_Of_The_Dump

Where is the evidence of facts please Loz? My contract dictates I must give 4 weeks notice. Are you saying this is not factual?

Sorry Si, I should have pointed out I was refering to Malk's particular case where a contract is not in force. As Simes has pointed out, if your contract states 4 weeks then you are obliged to stick to the contract.

The reference to monthly or weekly paid employees having the same notice period does hold true though.

[timwilky]

My contract says I have to give 3 months notice, I can hardly see them trying to enforce it.

However some employers are damm unreasonable. My daughter got a job offer conditional that she could start in 4 days time. Fortunately her current employer was sympathetic, agreed she could take holiday entitlement and accrued flex to increase her notice.

Originally Posted by timwilky

My contract says I have to give 3 months notice, I can hardly see them trying to enforce it.

Nobody can MAKE you work it, but it is polite. Remember that notice periods are there for the protection of both you AND the company. How long would it take to recruit/train your successor?