Notice period and training in own time questions

Katharine

Have a couple of questions regarding my employment rights, could do with some clarification please.:)

One is regarding my notice period I currently 4 months into a 9 month maternity cover contract. My contract says I have to give them a months notice to leave but they can give me only a weeks notice. I thought the normal was 1 week either way for under a year, legally do I have to stick to this or can I give them a weeks should I find a better job? I would try a give a months but if I was offered another job and they wanted me to start ASAP then it would be good to know where I stand legally.

The second is regarding training, in my current employment they are legally obliged to train me and I have been booked on the appropriate course. Due to the high winter workload and a lack of staff there has not been any time for me to get anywhere near my training. I have asked on numerous occasions for a chance/time to start my training and it has been 'suggested' that I do it in my own time. I am not wanting to do that for various reasons, and it says nothing in my contract about training in my own time. Is it possible I dont have a personal responsibility to complete the training? Surely time spent doing mandatory training should be paid? Other staff seem quite happy do theirs at home, (which doesnt help me) but they have also completed at least some of it at work. Any ideas on a polite way for me to tell them I dont think it's on? I would be happy to work an extra couple of hours a week to complete it (paid of course)!

Anihilator

If your contract says a month your notice period is a month.
As for training. You sound like a stand up person. Trying to land them in it by walking out with next to no notice but ensuring you get your training first..... I assume this training is to benefit your long term CPD hence why your colleagues are probably happy to do it in their own time.

Katharine

No it doesn't, this is the basic training they have to give me legally even tho they only want me for 9 months. I am trying to do my job to the best of my ability, but that does not include working for free. The training the permenant members of staff do does benefit them if they stay in that job, I will not get to do that training as I wont be there long enough. Plus I dont have any plans to persue they line of employment further, I am entirely disillusioned with their lack of interest in training me, and useing me as a work horse.

I would appreciate a months notice too, a week is nothing, it is in their favour and not equal as I think it should be, previous contracts I have been on are either a week each way or month each way which is fine with me. I need to find another job anyway so wanted to clarify if it legally was the case.

Katharine

Would still appreciate some helpful advice regarding the training time please. I am not able to be as effective in my job as I could be with the training.

jdturk

Katharine wrote: »

No it doesn't, this is the basic training they have to give me legally even tho they only want me for 9 months. I am trying to do my job to the best of my ability, but that does not include working for free. The training the permenant members of staff do does benefit them if they stay in that job, I will not get to do that training as I wont be there long enough. Plus I dont have any plans to persue they line of employment further, I am entirely disillusioned with their lack of interest in training me, and useing me as a work horse.

I would appreciate a months notice too, a week is nothing, it is in their favour and not equal as I think it should be, previous contracts I have been on are either a week each way or month each way which is fine with me. I need to find another job anyway so wanted to clarify if it legally was the case.

you knew the contract details before you signed up so you don't have much to complain on the notice times. As for training then I would agree you should be paid for doing it however if its only a couple hours then do it in your own time, keep your head down and work the 9 months to get a good referance

Katharine

That's fine, it'll have to be a month. I'm not complaining I just want to know where I stand. I didn't know beforehand, it was only later I recieved a contract, I don't know about others, but I'm not in a position to leave a job because the contract isan't quite fair in my eyes.

I honestly dont know how long it will take, I see your point, but also if it's only a couple of hours why cant they pay me for it.:o

jdturk

Good point on not seeing it until after, you probably should have raised the point there and then and requested it be altered.

And yes it seems wrong they aren't paying you for the time taken to do the training. However maybe it would be worth pushing for another date for the training

ceridwen

I must admit that differing notice periods between employer and employee is something I've never come across before.

I know my employer and myself have to give each other exactly the same length of notice - and I thought that was standard. <confused smilie>

In view of this apparent difference in notice period between the two of you - well you cant force them to match up on notice periods. Therefore - I would personally take it that I would be prepared to give them the exact same notice period as they would give me. So - as you say that they would only have to give you one weeks notice - then that is the basis I would work on in return = I would only give THEM one weeks notice (whatever they said).

They should not be expecting you to give them better terms than they give out themselves - that simply is not on.

As for the training - personally I would keep on and on and on and on......requesting that I have the necessary training on the one hand. BUT - do NOT do it in your own time on the other hand. That is the attitude I would take even for a permanent job - but even more so for a short-term one. They are quite simply trying it on here - knowing very well that most employees are too weak and will simply "cave in" at this point. That does NOT mean YOU have to act as spineless as those other employees have:cool:

Katharine

I don't know what to do now, my instincts are that I shouldn't do it in my own time. But after speaking to my nan (the voice of sensible) I can see why I should do it.

Does it make any difference that they have sold the company and this is the last week of my current employer? What happens with contracts, can I renegotiate? Plus would it be wise to point out my lack of training time with them as they may have a different attitude?

getmore4less

Training,

Remind them you have not had it so they have failed to meet their legal obligations.

Find out who sets these legal obligations and make a complaint to them

Unless you think the training is of benifit to you leave it at that and carry on with the job.


Notice.
Ask ACAS if they can do this( make you have longer notice than them)

Savvy_Sue

Katharine wrote: »

Does it make any difference that they have sold the company and this is the last week of my current employer? What happens with contracts, can I renegotiate? Plus would it be wise to point out my lack of training time with them as they may have a different attitude?

Google TUPE or see if there's anything about it on the ACAS site, but basically it means that when a new company takes over a company with existing employees, contracts can't be changed except by mutual agreement.

How long is this training going to take? What form does it take?