what does this mean in my contract re termination

mjefmjef

termination: the contract of employment states:
"Termination of your employment requires one calendar month's notice, from either company or yourself, such notice expires at the end of the calendar month."

Employer states this is current month PLUS 30 days. I disagree. who is right?
Twice they have disagreed with my statement it is JUST 1 month!

Caffca

Our contracts just state 4 weeks notice not a calendar month. Because yours says calendar month and specifically that a notice expires at the end of the calendar month it means imo that were you to hand in your notice today, 12 May, your actual end date would be 30 June.

If you wanted to just serve 1 months notice you would need to ensure that you handed in your notice by the last working day in the month before the one you want to leave at the end of.

getmore4less

I think it is very unusual to have this.

it probably should say minimum of 1 calendar month, such notice expires at the end of the calendar month.

That would be current month plus 28-31 days not 30 days..

once 5 years are up the employer would have to give 1week per year up to 12 statutory notice anyway.

can't see anything that would stop this notice period being valid.
http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_10#pt9


if giving notice then since this start the day after the day you give it I would make sure that it does not start on or after the 1st of a month just in case they try to make it go intothe next month(works the other way also)

zzzLazyDaisy

'One calendar month' is one calendar month.

Provided you give one full calendar month's notice, then you have complied with the terms of the contract (strictly you would comply if you gave notice on the first day of the month, provided you state clearly that you were giving notice with immediate effect, but if your employer is going to be difficult, then giving notice on the last day of the previous month will leave no room for doubt).

How big is your employer? If it is a small concern then it is up to your employer to make sure that the contract does what he wants it to do - if he wants notice to be 'one calendar month plus 30 days' on either side, then he should have his contracts drafted to read that (or take advice on what his own contracts actually mean). If it is a large company, then it is probably just a case of a manager not understanding what the contracts mean, and in that case you should speak to the HR department.

Of course if he was to terminate your employment for some reason, then the 'one month plus 30 days' would work in your favour, but I take it that you are more concerned about how much notice you must give if you wish to leave?

Is this a live concern - by which I mean are you actually wanting to leave, and he is being difficult about the notice period? Or is this just something you are trying to get straight for the future?

terra_ferma

zzzLazyDaisy wrote: »

'
Provided you give one full calendar month's notice, then you have complied with the terms of the contract.

No she wouldn't have complied with the terms of the contract.
OP may choose to follow this route, but it would not be what is actually in the contract.....

Caffca

terra_ferma wrote: »

No she wouldn't have complied with the terms of the contract.
OP may choose to follow this route, but it would not be what is actually in the contract.....

IMO I would have to disagree with you here, the contract is clear that they want to have at least a full calendar months notice and that the notice period must always end on the last working day in that calendar month. So zzzLazyDaisy's advice is correct.

The one thing that is unclear is the employer's interpretation of the contract (and potentially the OPs as it is a calendar month not just a month i.e. 12 May to 11 June) - there is nothing in the term shown that implies you have to give a calendar months notice plus 30 days. It would only be plus 30 days if you submitted the notice at the start of a month e.g. 1st or 2nd May and would then have to work until end of June.

To my mind it is all about the timing of the submission of the notice.

mjefmjef

I put my notice in on 7th May. My assertion is that I finish on 7th June (and 'jobsite' solicitor has just confirmed). Small company. Boss says its like Credit terms; current month + 30 days. This is not CLEARLY stated! & which I though was a requirement.
ie Criteria is "requires one calendar month's notice" the rest would appear to say that such notice is concluded at end of that calendar month.
That there are so many views would seem to indicate very poor wording.
Now Would that therefore render the section unenforceable?

Thanks for all your views - the more the better as this may still go on between myself and my employer....

zzzLazyDaisy

Ah!

In that case, I am sorry, but I don't agree with your interpretation.

The contract says that the notice period is one calendar month, ending on the last day of the month.

I my view that means that your notice period ends on 30th June. Nothing to do with +30 days, but because you are required to work a FULL calendar month's notice ending on the last day of the month.

By giving notice part way through May, and expecting to leave part way through June, your notice does not span one calendar month, but two part calendar months (and doesn't end on the last day of the month).

Having said that, in real terms there may be little the employer can do if you faile to comply with the notice period as laid down in your contract, but I suggest you speak to ACAS as they will give you free and impartial advice about your own specific circumstances.

adg1

Whilst I agree with the 1 calendar month from both sides, it does state that:

'...such notice expires at the end of the calendar month....'

You could read this as 1 calendar months notice which can only expire at the end of the month.

ie - if you offer your notice on the 7th May then I would expect you to continue to work until the end of June. That would be 1 calendar month that ends on the last day of the month.

If you offer it anytim up until the end of May, for instance, I would expect you to leave at the end of June - 1 calendar month.

It would be easier to decipher if the wording were as follows:

'... can offer 1 calendar months notice to coincide with the end of a wage period...'

which only assumes you get paid the last day of the month.

crackerberry

I read it as notice is just one calendar month, and the last working day would be exactly one calendar month after the first day notice is given.

The notice period expires at the end of that calendar month regardless of whether the last day falls at the start, middle or end of any month in question.

moromir

I read this as you must give at least one calendar months notice, to expire on the last day of a calendar month, its pretty standard wording.