Employment Law Query re Notice

apintofstella

Hi,

My friend who currently works for the Clydesdale Bank has recently applied for and got a job with the local council. She has only been with them around 7-8 months max. Her contract says she has to give 4 weeks notice but she thinks because she's only been there such a short time she can give much less notice than 4 weeks. Can any of you fantastic MSE'ers set us straight?

In the worse case scenario say it is 4 weeks regardless of length of service, could she be e.g. sued for breach of contract if she left earlier ? She pretty much hates them and wants to give about 5 mins to 1 day max notice.

(we're in sunny/freezing cold Scotland if this makes any difference)

cheers,

apintofstella-on-the-third

miss_lisalou

your friend needs to refer to her contract of employment. If that states 4 week's notice is required, then so be it. Unless she's on a probationary period of some sort whereby either party can give notice to terminate employment in a shorter period, but again this should be in the contract.

It's highly unlikely she'll be sued for breach of contract as the courts have ruled this is akin to slave labour and would not force someone to work as such, but they may reserve the right to deduct other entitlements, eg. holiday pay owing etc

miss_lisalou

oh. Just noticed you say you're in Scotland. Sorry, not familiar with Scottish law but should *think* (fingers crossed) it's pretty much similar. There are some decent websites you can check: advicenow.org.uk

Savvy_Sue

She may also have some leave owing to her - not necessarily a lol but some - so she could perhaps give the 4 weeks notice but take the last one as paid leave.

If she is that unhappy she may be able to agree to leave sooner: it would be worth her while to talk to the central HR department to check the position, also to raise any reasons why she wants to leave so quickly. In some places when you give your notice you are escorted back to your desk, watched while you clear it and escorted from the building ...

HOWEVER it would be sensible not to burn her boats until she has had an offer in writing from the council, and to be careful what she does if the offer says it is 'subject to references'.

apintofstella

Many thanks Savvy_Sue & miss_lisalou!
I'll pass it on.

cheers,

apintofstella