what constitutes one months notice?

Hi I have been working on a contract which runs month to month and has a one month termination clause built in. This was/is supposed to work on both sides. This month I was told my contract was being terminated. I was told this on the 18th january and that my final day was the 18 february. According to my contract I am paid on a monthly basis, not weekly or daily. Can they do this? I am only being offered payment up til the 18th feb and don't know whether i should accept this or fight it - can anyone help? Thanks
:(

Comments

  • GEEGEE8
    GEEGEE8 Posts: 2,440 Forumite
    That is 1 months notice. I don't get what the problem is?
    9/70lbs to lose :)
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Check the precise wording of your contract.

    It is likely that it does just say one month's notice, which is what you have received.

    However, one employer I worked for had a clause that notice had to be one clear calendar month. So if you resigned on 30 April your last day was 31 May but if you resigned on 1 May your notice expired on 30 June.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I agree, do check the wording of your contract as some state that one months notice must be given to end on the last day of the month. But in the absence of anything like that, 18 jan to 18 feb is one month's notice.

    Do remember to check that you also get your full holiday entitlement.

    I am presuming here that you do not have 1 years service and/or this is not a potentially unfair or discriminatory dismissal?
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    If you have been served a month's notice, in accordance with your contract, and you are being paid monthly, according to your contract, what is the specific issue you have, given that you appear to have been given a full month's notice which the client is paying you in full?
  • Why do you think this is wrong?

    They've actually given you one more day that I would - 18th - 17th is one month, 18th-18th is one month and one day.
    Cash not ash from January 2nd 2011: £2565.:j

    OU student: A103 , A215 , A316 all done. Currently A230 all leading to an English Literature degree.

    Any advice given is as an individual, not as a representative of my firm.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    Why do you think this is wrong?

    They've actually given you one more day that I would - 18th - 17th is one month, 18th-18th is one month and one day.

    No.....

    Technically notice begins on the DAY AFTER it is issued so exactly one month.

    I'm also struggling to understand the question here......
  • sotoken wrote: »
    Hi I have been working on a contract which runs month to month and has a one month termination clause built in. This was/is supposed to work on both sides. This month I was told my contract was being terminated. I was told this on the 18th january and that my final day was the 18 february. According to my contract I am paid on a monthly basis, not weekly or daily. Can they do this? I am only being offered payment up til the 18th feb and don't know whether i should accept this or fight it - can anyone help? Thanks
    :(

    Luckily, the systems that pay wages these days are more than capable of working out daily rates; so yes, it is absolutely fine to give you a month's notice mid-month without waiting for the month end before doing so.
    If you haven't got it - please don't flaunt it. TIA.
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