How much notice..... Contract not clear?

masonsmum

I am considering handing in my notice with my current employer due to lack of support and bullying by the CEO, it has now seriously affected my mental health.

I have tried to find the terms in my contract but it seems very misleading:

My contract states:

Notice Period

Probationary Period

14.1 Your employment is subject to a probationary period of 6 months from the commencement date. The length of your probationary period may be extended if the Employer in its absolute discretion deems it appropriate.

14.2 During your probationary period, this Contract can be terminated by either party giving to the other not less than one week's written notice.


14.3 The Employer reserves the right to pay salary in lieu of notice.

14.4 The Employer reserves the right to terminate your employment without notice or salary in lieu of notice in appropriate circumstances. Appropriate circumstances include, but are not limited to, situations of gross misconduct, gross incompetence and/or gross negligence.

14.5 Upon the termination of your employment you shall resign without claim for compensation from any office of director held by you in the Employer and in the event of your failure to do so the Employer is hereby irrevocably authorised to appoint some person in your name and on your behalf to execute any documents and to do all things necessary or requisite to give effect to the provision of this clause.

Garden Leave

15.1 Once notice to terminate your employment has been given either by you or by the Employer, the Employer shall be entitled, at its absolute discretion to require you to remain in the employment of the Employer throughout the notice period or any part of it, but without being provided with any work and the Employer shall be entitled to exclude you from any premises occupied by or belonging to the Employer.

15.2 In the event of the Employer exercising any or all of its rights pursuant to this clause [14], the contractual obligations of each party (including but not limited to the Employer's obligation to pay you or provide you with your contractual benefits and your obligations under clause [6] of this Contract) shall continue unaffected.



It seems to cover probationary period and garden leave so I am quite confused. I have passed my probationary period as have been in the role for a year now?

Any advice would be greatly appreciated, thanks!

getmore4less

If it does not say different and there are no references or expectations of other documents forming part of the contract, like a standard handbook then it looks like 1week is all you have to give.

Undervalued

Indeed.

Given the wording of the contract it is rather surprising that there does not seem to be a requirement for a longer period of notice.

However, unless that exists in some other document that forms part of the "contract" then the law is quite clear. In the absence of a contractual agreement for more, anyone employed for over a month only ever has to give a week's notice regardless of how long they have been employed.