How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I am currently employed by a company who do not have any

Customer Question

I am currently employed by a company who do not have any contracts with their employees, including myself. I have handed in my resignation yesterday which requires me to work 2 weeks notice upon resigning however I am now wondering if I must legally work this as there was no contract, also as there was no contract, does this mean my employer can get away with not paying me wages due?
Thanks
Nicole
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Hi there Nicole. How long have you been working for this company please?

Customer: replied 10 months ago.
Only about a month but I am also asking on behalf of other employees who have been here over 3 months
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
Ok thank you so much.
Expert:  Ben Jones replied 10 months ago.

No problem at all

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. Without a written contract in place an employee is only required to give the employer a week’s notice on resignation. If they wanted to give a longer period they can do so but the employer is not obliged to accept that. If however they accept it and allow the employee to work for more than a week, they will be obliged to pay them for that time as well. The employer cannot accept the longer notice period, let the employees work that and them refuse to pay them just by arguing they do not have a contract in place. If they refuse to pay then this would likely amount to an unlawful deduction of wages which can be pursued further if needed.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to pursue this further if needed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks so much, have rated 5 stars!
I understand what you have answered so far, I have not yet reached the date that my wages should come through so I won't need to peruse the matter any further until I know for definite if he's planning to pay me my wages.
Without there having been a contract in place, am I still legally entitled to my wages for the time I've been there? I'm worried about the fact that the only proof I have of working there is Facebook messages and texts from the owners.
Expert:  Ben Jones replied 10 months ago.

Thank you. Yes without a contract you are still entitled to the pay for the time worked there - a contract would have been implied in place regardless of whether there was anything in writing or not. Hold on to this proof in case it is needed as sometimes even evidence like this could come in handy

Customer: replied 10 months ago.
Ok, you've been a great help thanks!
Expert:  Ben Jones replied 10 months ago.

You are most welcome

Related Employment Law Questions