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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son needs to resign his job to move house.

Resolved Question:

Hello.
My son needs to resign his job to move house. He has worked at his employment for 17 weeks, it is 21 weeks since his job offer was made. No contract in place until they gave him one to sign on Friday after references for the new job were applied for. He is giving them 2 weeks notice but they say he has to give 4 weeks. What is the legal position in the absence of a signed contract?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello have they said what will happen if he did not give the required notice
Customer: replied 1 year ago.
Hello - no. Just that they (his boss) don't accept his assertion that one week applies even though their own HR department told him that it did. They have already issued his references
Customer: replied 1 year ago.
They simply say that they - NHS Cardiff - will tell the new hospital, John Radcliffe Oxford, that they are not releasing him. This would mess up everything including his accomodation arrangements
Expert:  Ben Jones replied 1 year ago.
Thank you. If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. However, there is no signed contract here and whilst an unsigned contract can also be binding, it must be shown that there was an implied acceptance. This could happen for example if he was issued with it at the start and whilst not signing it, he continued to work under its terms. However, the contract here was issued only last Friday so it is unlikely the employer can claim there was an implied acceptance after such a short period of time. In the absence of a contractual notice period the employee would only be required to give a week’s notice. The employer cannot force the employee to work longer than that and the only thing they can do is to sue him for breach of contract and any losses incurred as a result of that breach. In the circumstances, it is highly unlikely that such a claim would be made or that the matter will go as far as court. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Hello again. That is excellent and very fulsome. Thank you so much. I will of course leave feedback...... (positive!!) Helen
Expert:  Ben Jones replied 1 year ago.
Many thanks and all the best