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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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What notice does my employer have to give me. A contract

Resolved Question:

What notice period does my employer have to give me. A contract of employment has n ever been issued, I am paid monthly (PAYE Basis) and have worked for the company for 25 months?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is ***** ***** I am happy to help you today. The statutory notice period required is 2 weeks. As you have been employed for more than 2 years your employer must have a fair reason to dismiss you otherwise you can claim unfair dismissal. If you think that this is an issue please let me know and I can advise you on that point.

taratill :

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill :

Hello is there anything further you would like to know about this/

Customer:

Apologies meant more than 1 yr, also does not having a contract affect things?For example I have had no holiday

Expert:  taratill replied 3 years ago.
Hi statutory notice is a week's pay per year. You should be paid in lieu of untaken holiday. If you are not then you can claim in the Employment Tribunal for breach of the Working Time Regulations.

The fact you do not have a written contract makes no difference to the legal position.

If you would like to know anything further about this please do let me know.
Customer: replied 3 years ago.

Sorry, final question. As I took no holiday do I claim formholiday pay, initially, from the employer?

Expert:  taratill replied 3 years ago.
Hi you should ask your employer to pay your outstanding accrued holiday pay along with your notice. If they fail to do so you can raise a claim using the form you will find at www.employmenttribunals.gov.uk

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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