How much notice do I need to give my employer

pKaTz

Hi, I am looking to change jobs but have a concern regarding notice periods.
I have worked for my Employer for 15 years and am under the impression that I need to give 1 weeks notice for every year that I have worked there up to the maximum of 12 weeks. Is that right?

If that is true then if I apply for another job, I need to give 3 months notice to my employer - wouldnt that be a negative point AGAINST hiring me?

Waiting for advise.

Also. My employer changed management 2 years ago, but in the new contract says that service given would continue. so could I argue that I only need to give 2 weeks notice?

Many Thanks.

MoneyHoney

It should state the notice period required in your contract.

I've experienced everything from one week to the 3 months you have mentioned. Usually the latter is for management positions or those deemed more difficult to recruit replacements.

Do you have any leave left that could be added into the notice period?

The 3 months can be a bit tricky when offering a start date for a new job but sometimes jobs are already gapped and the employer will hold it open, particularly if you can offer experience and qualifications which reduce any training time the new employer would normally need to provide.

pKaTz

in my contract it just states the normal along the lines of:
notice required is 1 week for every year employed up to a maximum of 12 weeks in total.
Do you think that I could argue that it would only need to be 2 weeks because of the change in management?

Deep_In_Debt

I was employed with my last company for 12 years and had to give 12 weeks' notice.

If you've had a change in management - has your contract changed? If not, I'd suggest sticking to whatever is suggested in your contract.

needaspirin

The notice that an employee should give her/his employer before resigning should be in the contract.

If the employee has no notice provision in her/his contract, then if the employee has worked for one month or more, the statutory minimum notice s/he should give is one week.

Please read your contract again. See if it states that the notice the employer is required to give to you is 1 week per year, as this is the statutory minimum notice required by law. If it does not mention how much notice you are required to give, then you are only obliged to give 1 week.

[Deleted User]

You might be able to negotiate a shorter notice period.. i cut a month off my last one when i asked

pKaTz

actually when there was a change in management there was a new contract of employment. but this did state that length of service would not be affected.
i think though that I can use this change of contract to say that I only have to give 2 weeks notice.

needaspirin

To be honest, there is very little your employer can do if you leave without giving any notice. His only option is to take you to court, but that won't happen. He cannot withhold any of your pay or holiday pay as that would be unlawful and you could take him to a tribunal.

I remember when I was recruited by a company that wanted me to start immediately and I said that I owed it to my present employer to work a month's notice. He asked if I would just leave, so I said I could, but would he like me to do that to him when I got my next job. That shut him up!

pKaTz

on the note of holiday pay...
we get holiday of 24 days a year. but holiday still accumulates after that is used up. this holiday pay that has accumulated is not paid to us at the end of the year - but did used to be under the previous management.
Should I be entitled to this holiday pay? and ask for it. is all holiday legally to be paid at the end of the year if not used up?

needaspirin

What you had was a transfer of undertaking (TUPE). Your employment rights continued as if nothing had happened when the business was transferred so you have 15 years service for redundancy purposes and notice (notice to you).

Have another read of your contract as I suggested earlier.

Or give ACAS a ring if you still have doubts, 08457 47 47 47

LittleVoice

pKaTz wrote: »

on the note of holiday pay...
we get holiday of 24 days a year. but holiday still accumulates after that is used up. this holiday pay that has accumulated is not paid to us at the end of the year - but did used to be under the previous management.
Should I be entitled to this holiday pay? and ask for it. is all holiday legally to be paid at the end of the year if not used up?

Statutory holiday pay (which your holiday entitlement appears to be) is not paid if the holiday is not taken - use it or lose it. That was part of the working time regulations when the entitlement was introduced so that people would take holiday instead of working week in week out.

The exception is when you leave an employer and have accrued statutory holiday which has not been taken. That is due to be paid to you.