I joined a company 5 months ago. They asked me to start before they had completed reference check/medical etc but withheld my contract on the basis they have not completed their joining procedure.

What notice do I have to give if I want to leave? I understand that my contractual notice would be one month - but I don't have a contract. Statutory notice, given my length of service, would be one week. Which one applies? Have I implicity accepted the contractual terms and conditions by continuing to work here, even if I haven't been officially told what they are?

Hi R,

Given that the company have deliberately withheld your contract then it is easy to argue that the statutory notice applies in your case - one week.

However, before making that decision you need to consider:

* What was agreed between you when you started?  If you agreed to longer notice then you should abide by that

* Did you have an offer letter specifying notice periods?  If you did then that will prevail.

If you agreed nothing and have no written documentation specifying a longer period then the statutory notice will apply.

Hope this helps,

Dave