Contract of employment

Question

If my company changes owners and name and location of offices, and then makes a whole load of people redundant except for me, but doesnt give me a new contract of employment from when I 1st started like 2 years ago (the company changed names and hands 3 times over), surely that means when I find a new job I am not obliged to work off their notice period right?

If not is there any way to get out of working off a notice period?

Thanks in advance all

Answer 1

You don't need to work it, it just means you loose any holiday pay etc you are due. I have been with my company for 4 years and don't have a contract but if it goes into liquidation I have the same rights as I would if I had contract, check with ACAS www.acas.co.uk

Answer 2

Do you consider that your employer would not have to give you notice if they decide that your position is no longer required?  If you started to receive a different salary would you be happy?  If no then you are still working to the terms of your contract, which requires you to provide notice.

Just because the company has changed name and owner, this does not void the contract of employment you have.

When it comes to resigning you can always try to negotiate your notice period.  However, if this is not agreed and you don't give the notice period stipulated in your original terms of employment there may be a clause which entitles your employer to retain some or all of the monies owed to you.

Answer 3

Yes you are. When your company is taken over your contract remains unchanged, unless changes are notified to you. You still have a contract even though its not written down. Since its not written down the notice period will be same as the pay period ie a week, month, four weeks, and you are obliged to give them notice. The only way to avoid it is just to walk out, however if you ask them for a reference in future they are allowed to say you did this and that wont look good.

Answer 4

If you leave your job BEFORE the end of the LEGAL 4 week notice period (regardless of a employment contract), your Employer can KEEP all money owed to you since the last pay day, demand money back from you AND sue you for Breach Contract.