Query about giving 4 weeks notice..

confused500

I started a temporary job on 17th July 2013. The contract is for 12 weeks and I am only working 12 hours a week. I am looking for a more stable job with more hours so have been looking around and have been interviewed for one position, however the employer stated that they had reservations because I have to give in a 4 week notice to my current employer if I wish to leave.

My question is, if I do find employment elsewhere, would it be possible to give just one weeks notice? Could I possibly be taken to court for breach of contract? Can my current employer withhold my pay? I understand my contract says 4 weeks notice needs to be given but it just seems excessive for a 12 week job. I spoke to a colleague in confidence who believes that our manager is not the negotiating type either.

Obviously I don't want to mess my current employer around, but I need a more stable job with more hours.

Just wondering if anyone had any advice? Thank you.

bevanuk

From what I have read on here, they can do the above things but whether they will is a different story.

If I was in your situation I would speak to the potential new employer and confirm you have 4 weeks notice but you will do your best to get it down should they offer you a job regardless.
Then once you have your offer/contract speak to your current employer about giving notice and the possiblity of a reduction. They may or may not hold you to 4 weeks.

*Scarlett

I would normally have said a weeks notice would be enough for a temp job that you have just started in but if the contract says 4 weeks then that's what it is.

Maybe have a look here

https://www.gov.uk/handing-in-your-notice-resigning-leaving-job

It mentions having worked for 1 month or more and you haven't quite yet. but it don't know if this would override and contractual agreement.

The likelihood that they would take you to court if you finish earlier than 4 wks notice is slim. However they may state on a reference that you left wthout giving proper notice.

I don't think they can withold any wages owed but if you have earned any bonus payments, they could be withdrawn if you don't work the notice period.

anamenottaken

*Scarlett wrote: »

I would normally have said a weeks notice would be enough for a temp job that you have just started in but if the contract says 4 weeks then that's what it is.

Maybe have a look here

https://www.gov.uk/handing-in-your-notice-resigning-leaving-job

It mentions having worked for 1 month or more and you haven't quite yet. but it don't know if this would override and contractual agreement.

Contractual requirement for longer notice trumps the one month statutory minimum. So if the contract does say 4 weeks, that 4-week period applies.

The likelihood that they would take you to court if you finish (without their agreement) earlier than 4 wks notice is slim. However they may state on a reference that you left wthout giving proper notice. If they are asked for a reference.

I don't think they can withold any wages owed (correct) but if you have earned any bonus payments, they could be withdrawn if you don't work the notice period. Bonus payments are usually discretionary and the terms would need to be checked.

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