Verbal Notice.?

Question

I have received notice verbally from an employee but no written notice. This was 4 days ago. When should period of notice start from?

Sorry to ask the Q but I have no HR back up due to Easter

The notice period is 1 month - I was on annual leave and the employee rang me at home . The employee said that they were leaving it on my desk for me to have when I return back into the office but no notice was there when I returned.

The written notice still has not been received and it would not have gone missing as there is only myself and the employee that work in the office and they said that they were leaving it on my desk.

Answer 1

You have a right to have the notice given to you in writing, but you can accept the verbal notice if you choose to. Is there a reason why you cannot ask when the notice period began from?

If you are not happy with the notice being given verbally, then you need to ask to have the notice given to you in writing, specifying that date the notice begins on, the time period of the notice, and the date that the notice ends on.

Hope this helps.

Answer 2

Take the period of notice from when you received it verbally. You don't say whether the written notice was eventually received or not. It may have gone missing for whatever reason. If you play fair you're more likely to get a good job done for the rest of the notice period from that employee. Also this employee may have thought that this letter would go missing (some workplaces are like that) and that was why s/he telephoned you in the first place, probably a sensible thing to do. Take the date from the telephone notice but insist that the employee works the 1 month notice if that's what's required in the contract.

Answer 3

Unless your contract specifies written notice, delivered specifically to a particular place in a particular form which it almost certainly doesn't you have to accept verbal on the date it was given.

Even if you were entitled to written notice or they decided to leave immediately without notice all you could do is sue the employee for breach of contract andit is doubtful that it would be worthwhile, more likely the court would consider it spite or vindictive and award only a few pence in damages with costs against you.

Your employee wants to leave, let them and find someone who wants to work for you, it will do less damage to your business than forcing someone to stay on with access to your company information, customers and suppliers etc.

Answer 4

All depends on the contract and wheter it stipulates that written notice is required. I think you should be aware that employees become 50% less effective within business once they have handed their notice in as they are just "waiting for the end" this is why a lot of companies put people on Garden Leave or demote them into admin roles during this period.

Answer 5

Depends on what the notice is all about. Some verbals can be considered as contractual. If the notice is to resign, no you can't accept that. You'll need a written notice. Notice period depends on the Letter of Offer.

Answer 6

Unless your contract stipulates that written notice be given, then verbal notice is adequate. The problem for the employee is that if you dispute it a later date, then they have no proof (unless someone else was there and can substantiate it) - so they are leaving themselves open to being sued for breach of contract by you.

Answer 7

I am assuming it is two weeks notice to leave his position.

That would be through Friday, April 13th.

Answer 8

if their is nothing in writing forget about it