Notice period - Does it work both ways?

joebmc

Hi,

I have just been given a redundancy letter that gives me 1 week notice yet in my contract it says if I were to leave I would have to give 1 calendar month.

I have been with them for 9 months and in my contract it says

"the statutory notice period based on my length of serve will apply"

Does that mean they have to pay 1 calendar month or can they just pay the 1 week?

Regards

anamenottaken

joebmc wrote: »

Hi,

I have just been given a redundancy letter that gives me 1 week notice yet in my contract it says if I were to leave I would have to give 1 calendar month.

I have been with them for 9 months and in my contract it says

"the statutory notice period based on my length of serve will apply"

Does that mean they have to pay 1 calendar month or can they just pay the 1 week?

Regards

The statutory notice period for someone with nine months' service is one week. This is the minimum period of notice.

Contractual notice can be longer. It seems that your employer has retained the right to give only statutory notice while, under the contract, requiring you to give more. That is legal.

Statutory notice is based on length of service and increases to be one week for each completed year of service - up to a maximum of 12 weeks. That is the notice required from an employer to an employee. Statutory notice required to be given by an employee never increases beyond one week (but contractual notice can be higher right from the start of employment).

joebmc

Thanks for clearing that up