Notice period

[mmc78]

Company notice period requirement is 4 weeks notice. If i resigned with a 6 week notice period can the company force me to or change the notice period to only 4 weeks?

[Uncertain]

Short answer - No.

 

In giving more notice than you are contracted to you are doing them a favour.

 

If you give notice the company have to let you work it or give you payment in lieu. Strictly speaking payment in lieu (PILON) is a breach of contract unless your contract gives them that right. However, normally people are pleased to be paid and not to have to work so it seldom presents a problem.

 

There are a few circumstances where PILON can cause an employee a problem but probably not worth discussing here.

[mmc78]

After contesting the period this is the response received:

 

An employee is obliged to provide their employer with their contractual notice period if they wish to resign from the Company. If the employee provides a notice period which is in excess of the required contractual notice period, the Company is under no obligation to accept this greater notice period. Therefore, your contract of employment states one months notice period, your resignation letter was dated the 18th January 2010 and in line with this your termination date is the 18th February as detailed in my letter dated the 26th January 2010. The company has met its obligations by paying you the correct notice pay.

[Uncertain]

You may want to get some professional advice on this but I think they are talking out of their *&%$.

 

Providing you wrote saying "I am giving you notice that I am resigning on XX (a date more than a month away)" I can't see how they can possibly make that into "I am resigning one month from today".

 

Suppose I have decided to emigrate in July and, out of the goodness of my heart, I tell my employer now that I will be resigning at the end of June. They should be grateful as I have given them far longer to plan. I can't see that they can turn round and say "Tough, you are going one month from today".

 

This must be unfair dismissal?

[elpulpo]

Notice | Labour Relations Agency

I found this. Have a look at question 3.

I don't know what statute applies here, but it seems they may well be able to do this.

Is a bit rotten of them, given that you're doing them a favour.

 

Moral of the the story is don't be generous to people who aren't likely to value your generosity. ie. most employers.