Employee Notice Period?

[dave]

Is it true that if a person is paid monthly then the maximum amount of notice to leave that employ is one calendar month?

For e.g. I was bound by my contract at a place of work to give 8 weeks notice - was I legally bound to do so?

[Spiceskull]

I am pretty certain that notice period is equal on both sides of the equation...I think the logic is that you have to give them as long to find a new employee as they have to give you to find a new job...

[alanfromderby]

Both the employer and employee are normally entitled to a minimum period of notice of termination of employment. After one month's employment, an employee must give at least one week's notice; this minimum is unaffected by longer service. An employer must give an employee:

• at least one week's notice after one month's employment
• two weeks after two years
• three weeks after three years and so on up to 12 weeks after 12 years or more.

However, the employer or the employee will be entitled to a longer period of notice than the statutory minimum if this is provided for in the contract of employment.

Most employees, subject to certain conditions, are entitled to certain payments during the statutory notice period. Employees can waive their right to notice or to payment in lieu of notice. Employers can also waive their own right to notice.

[abbas]

Hi.

Technically, minimum notice period is not a standard. In your contract, it specifies your notice period. For example, I am on a fixed term contract, paid monthly, yet I only need to give one weeks notice. My manager on the other had has to give 3 months notice.

Do not assume just because your paid monthly you have to give four weeks notice. Read your terms of employment contract.

Abbas.

[alanfromderby]

I thought that was what I said.....

[abbas]

Sorry, I posted in haste, you didnt write the about in absence of an employment contract.... Well those words anyway.... Its too much stuff to do and not enough time; I skim read far too much!

Abbas.

[paulwlton]

it doesn;t matter what the contract states that you signed statatuary notice period is 2 weeks weather you;ve been there 1 year are twenty years

[alanfromderby]

Originally Posted by paulwlton

it doesn;t matter what the contract states that you signed statatuary notice period is 2 weeks weather you;ve been there 1 year are twenty years

Incorrect - see above post, and have a look at the ACAS website.

[martinwhite]

www.emplaw.co.uk is an EXCELLENT free employment law website that will answer this question definitively (although it seems Alan has done this already). I have used this site many times for various matters.

[Templehead]

if you ve been working somewhere for 10 years whats the minimum redundancy you should receive if the law has catered for this consideration

does the law say you should get any at all?

[rbrears]

If there is no contractual redundancy scheme then the statutory regime applies. Again www.emplaw.co.uk is the place to look.

[Axleuk]

Bugger !! i just made a post http://www.consumeractiongroup.co.uk...ead.php?t=7865 and read this post afterwards ~!!

[alanfromderby]

Originally Posted by Axleuk

Bugger !! i just made a post http://www.consumeractiongroup.co.uk...ead.php?t=7865 and read this post afterwards ~!!

MOD NOTE: OTHER THREAD DULY DELETED

[ExploitedSaffa]

My husband started working at a company 2 months ago and only received an employment contract now, in there it states that he has to give 3 months notice? Can the employer ask him to give the maximum notice period?

[lookinforinfo]

I suppose it may depend on the nature of the work. If someone is a key employee, or working in some sort of sensitive employment, where it takes time and possibly considerable vetting before a worker can be replaced, then
they may be reasons for longer than normal notice periods.

[getmeoutahere]

Does anyone know about the employer emposing different notice periods for themselves and for employee.
Eg . I am in probation period and company notice period is 1 week, I had assumed mine was also 1 week during this period but they are now saying it is 3 months for me.. upon re-reading my contract it may suggest that but is that totally legal ??.. contract says
"
The notice required to be given by either party to the other in writing is not less than 3 months' notice. Notice periods for employees over the Company’s retirement age are 1 week by either party. If the Company terminates your employment during the probationary period you will be entitled to 1 week's notice in writing."

Anyone know if ther are implications of leaving early anyhow as well ??

[sharkie]

Notice periods can be different, throughout a company, it can even change as you progress up generally getting longer, there can even be a difference between your notice and the employers notice to you.

Notice periods are varied and you have to take many things into account, for instance, if you have a notice period on both sides of 3 months, yes its a pain if you want to leave, but you also have the security of knowing that they would have to pay you 3 months salary if they want you to go (excluding dismissal obviously).
If you have no intentions to return to the company, and you do not need or require thier reference (because they can say you broke your contract), then there is nothing preventing you from not returning to work.

I worked for 25 years in general management and moved about quite a bit (mostly headhunted) I found the best way to be released from a contract with pay was to let your employer assume you were going to a rival, therefore, notice period generally served on holiday.