Notice period

davidcolett5

Hi all,

I have been working two part time jobs for the last few years but have finally bagged a decent full time job. One of the PT jobs i can still do ( hey its extra cash least past christmas ) but its the other im having issues with....

When i started i was on bi weekly wage payments then a couple of years ago it went to monthly.Never got any updated terms of employment or anything so this means i still only have to give two weeks right?

thanks! :j

TadleyBaggie

It all depends on what was in the contract you signed. There is generally no connection between frequency of payment and the notice period. I used to be on 3 months notice but was paid monthly...

pmlindyloo

The notice you should give your employer before resigning should be in the contract. If your contract does not say how much notice you must give your employer then, if you have worked for one month or more, the minimum notice you should give is one week. If you have worked for less than one month, the notice period should be reasonable. See under heading 'Reasonable' notice.

If your contract says you must give your employer more notice than this, you must give the amount of notice in your contract. Your contract may set out how much you must give, whether it must be written, and/or when you should give it.

(Adviceguide)

LittleVoice

pmlindyloo wrote: »

The notice you should give your employer before resigning should be in the contract. If your contract does not say how much notice you must give your employer then, if you have worked for one month or more, the minimum notice you should give is one week. If you have worked for less than one month, the notice period should be reasonable. See under heading 'Reasonable' notice.

If your contract says you must give your employer more notice than this, you must give the amount of notice in your contract. Your contract may set out how much you must give, whether it must be written, and/or when you should give it.

(Adviceguide)

The OP has been working there for well in excess of one month but I think the CAB are possibly making things up about 'reasonable' notice.


As far as I am aware the law gives employers no legal right to receive any notice where an employee has been working for them for less than a month and their contract does not specify anything. Anyone able to point to any legislation to support the CAB statement?
ETA: I think the CAB are possibly writing about notice to be received from an employer and it is been misplaced in the text.

davidcolett5

thanks everyone! Nothing in my contract stating a notice so i gave them two weeks which if it isnt right im sure they will let me know as the only other person who can do my job is on holiday...in two weeks time

And yes worked there over six years now

davidcolett5

Im back in need of more advice!

My current job has now sent me a copy of "my" terms and conditions of employment which is totally different to the one i have which says i have to give one weeks notice for every fll year i work ( so they want 6 weeks ) BUT...the new job says i MUST start on the 19th

The copy they claim i was given has a page where it says by signing i am giving written authority and agreeing so maybe i could ask them to see the copy i signed as i know i def did not

or can i just leave this job after two weeks? what will happen? will they keep money or my holiday pay?

LittleVoice

davidcolett5 wrote: »

Im back in need of more advice!

My current job has now sent me a copy of "my" terms and conditions of employment which is totally different to the one i have which says i have to give one weeks notice for every fll year i work ( so they want 6 weeks ) BUT...the new job says i MUST start on the 19th


Cant i just leave this job after two weeks? what will happen? will they keep money or my holiday pay?

Does your current employer have evidence that it supplied those T&Cs to you prior to your handing in your resignation? They can't retrospectively impose the longer notice.


Some employers ask employees to sign something to acknowledge receipt of T&C. Did they do that in the past?


Notice periods have to be included in the "Principal Statement" so should not be something contained only in a staff handbook or on a notice board or intranet though the principal statement can nevertheless refer you to such sources instead of spelling it out.

LittleVoice

Regarding what can happen if you don't work beyond the two weeks notice you have given -


If they really can show that you were informed of the longer notice period, you would have breached your contract terms and this could be mentioned in future references if they are asked to provide any.


They may try to withhold accrued holiday pay but they are legally obliged to pay you for your time worked and accrued holiday. However they might try not to pay and you might have to pursue them for it.


If they suffer loss because of your early departure then they could seek to recover this from you. This could be as "little" as the difference between what they would have paid you and what they pay a replacement for the excess notice period. It could be substantially more if they could show they had lost business because you left early.

[Deleted User]

davidcolett5 wrote: »

BUT...the new job says i MUST start on the 19th

See if this is negotiable with the new employer, who can't really have thought someone with 6 years at the same company really had such a short notice period. Their reaction will also tell you more about the company then you would ever gleen in an interview.


Walk out without coming to an agreement and you could regret it, that's all I'm going to say.

davidcolett5

Thanks for the reply little voice,

At the end of the one they sent me it has a part where i must sign and a company representative must sign ( tried to add a pic of it here but im new and not allowed to post links yet )


So they must have a signed copy from when i started if i asked to see that right? My main worry is the wording of the email is they are going to keep my holiday pay as i have not taken any yet and that will be used to pay for the cover they will have to provide for the two weeks notice im not giving and if i want to argue it i will have to after they have taken it

Suddenly being offered the new dream job seems like a nightmare! Tomorrow i will contact my new employer and old and see if i can come to some arrangement maybe the old one will let me leave a hour early and the new one start a hour later for the last two weeks

Might kill me doing 72 hours a week for 3 weeks but least once its done it done

engineer_amy

davidcolett5 wrote: »

!

My current job has now sent me a copy of "my" terms and conditions of employment which is totally different to the one i have which says i have to give one weeks notice for every fll year i work ( so they want 6 weeks ) BUT...the new job says i MUST start on the 19th

Based on the highlighted bit above, you have an original copy of a contract that shows different notice periods. I would contact them again and state the notice period contained within the old copy that you have in your possession and that you will work according to those terms.


You can ask them for proof that you were provided with these new terms, as Little Voice says, do they get an acknowledgement receipt when you are provided with contracts? or a signed version and dated version of the new contract. They cant retroactively change this just because you have handed in your notice