Notice period question

Hahawhizhaha

I have been in my role for a few months and am still in my probationary period and under 6 months service in a sales management role and I'm currently in the latter stages of interviewing for a new role. My contract states I am required to give at least one calendar month's notice in writing to terminate your employment.

The company may terminate your employment by giving the following periods of notice in writing.

Up to 6 months service - 1 weeks notice
6 months to 4 years service - 1 month

I was surprised I have to give 1 month but fine.

If I handed in my notice this week and said I am giving one months notice and my last day is 3rd July for example. Is that firm now or can the company say no we want to give you notice of 1 week instead. Potentially causing problems for me if my new company have a particular start date in mind as I could be out of money for the other 3 weeks.

I would imagine they would want me out of the office immediately due to the nature of the role and would feel bad about them paying me for a months notice but at the same time I can't think of any better way of doing it as if I leave handing in my notice until a week before the other companies start date then my current place could say I need to work my months notice.

Any advice would be great, my big question is can they reduce my notice period to 1 week?

paddyrg

I'm sure you'll get answers from smarter people than me, but aiui the notice period cannot be asymmetrical, if you have to give a month, so do they, etc.

That said, talk to the new job, it might even be that they want to buy you out of your contract

LittleVoice

paddyrg wrote: »

I'm sure you'll get answers from smarter people than me, but aiui the notice period cannot be asymmetrical, if you have to give a month, so do they, etc.

That said, talk to the new job, it might even be that they want to buy you out of your contract

Unfortunately, if the contract provides for uneven notice periods then that is what applies.


In fact statutory notice periods are "asymmetrical" as the notice from an employee never increases beyond one week.


It is less usual for contractual notice periods to be shorter from the employer but is perfectly legal.

Undervalued

paddyrg wrote: »

I'm sure you'll get answers from smarter people than me, but aiui the notice period cannot be asymmetrical, if you have to give a month, so do they, etc.

Sorry, simply not correct.

Contractual notice cannot be less than the statutory minimum but apart from that it can be whatever has been agreed. There is absolutely no requirement for it to be equal on both sides.

getmore4less

In cases like this it is often a good idea to find out what the usual practice has been if you can manage that discretely.


When is the 6 months up, any hints meetings that discuss progress that may give a clue you will go past 6months.

DKLS

I'd be surprised that they would want you to work the month notice considering your in sales.

Normally its a case of within minutes of resigning someone is round to collect your car keys, laptop, phone and any ID/Swipe cards and escorted off the premises to enjoy your gardening leave.

Undervalued

DKLS wrote: »

I'd be surprised that they would want you to work the month notice considering your in sales.

Normally its a case of within minutes of resigning someone is round to collect your car keys, laptop, phone and any ID/Swipe cards and escorted off the premises to enjoy your gardening leave.

Yes but I think you are missing the point.

The OP is concerned that when s/he gives a month's notice they will respond by giving him only a week's notice. Even if they pay gardening leave for that s/he will be several weeks without pay before the new job starts.