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Employee Notice Period?


dave
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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?

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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...

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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.

Alan, Derby, UK.

 

 

 

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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.

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

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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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.

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  • 2 weeks later...

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

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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.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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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?

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  • 3 weeks later...

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

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

 

MOD NOTE: OTHER THREAD DULY DELETED

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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  • 1 year later...

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.

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  • 4 months later...

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 ??

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  • 1 month later...

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.

Sharkie

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  • 3 years later...

Hi everyone,

 

Need your help please. I'm hoping to give my current employer a month's notice (as soon as I receive an offer from my new employer). The dilemma I have is as follows:

 

1) My contract is an entry level accountancy training contract, and in that contract it says that the notice period I have to give is one month, but 3 months for "exam qualified" seniors. It doesn't explicitly give a definition of "exam qualified", but throughout/in the other sections of the contract it refers to, and lists such "exam qualified"s qualifications - BUT the qualification I'm pursuing and for which this contract is for, is not there in the list (and, I think, not because it's already of similar nature (ejusdem generis principle), but quite justifiably, it's of a lower/step down qualification). So, is my notice period in fact 1 month?

 

The problem is, as a separate clause, it also says " after the successful completion of your exams, the period of notice to begiven by either party to terminate your employment is three months.", and I have already completed my exams and obtained this qualification.

 

2) The second and more compelling reason I was thinking my notice period is 1 month (rather than 3mths) is, half a year ago one of my colleagues resigned with less than even a month's notice. Now, considering we both started/joined an identical training contract, on the same date, will there be a possible case for discriminatory treatment/ terms & conditions on the part of my employer if they were to try to hold me to 3-month notice?

 

Thank you all in advance for your advice

Edited by Jay999
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From my understanding of what your saying you are pursuing a qualification and as such have yet to meet your qualification, as such are still on the months notice part of your contract. Chuck in a months notice with a specific end date and you should be fine.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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From my understanding of what your saying you are pursuing a qualification and as such have yet to meet your qualification, as such are still on the months notice part of your contract. Chuck in a months notice with a specific end date and you should be fine.

 

Thanks for your time blitz. Sorry, I should've clarified I have actually already completed my exams and obtained this qualification...

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  • 7 years later...

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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