How long is my notice period?

JoshyBoy_2

Below I have typed out word for word the clause in my employment contract that relates to the termination and notice period of my employment;

After successful completion of the probationary period referred to in clause 1.2* the prior written notice required from you or the company to terminate your employment shall be as follows;
One week’s notice for each complete year of continuous employment up to a maximum of 12 weeks.

*Clause 1.2

The first six months of your employment shall be a probationary period and your employment may be terminated during this period at any time on one week’s prior notice…at the end of the your probationary period you will be informed in writing if you have successfully completed your probationary period.

This to me reads as though my notice period will be one week (on the premise that I have only been working for just under 15 months.) I have also never been informed in writing or orally that my probation period has been successful – all though I guess this can be implied by the virtue I am still in employment?

My question is; do I take it as my notice period is 1 week, or do I assume that it’s the standard 1 month?

Second question is; Am I still in my probationary period, given I have been given no notice of it being successful?

It’ll be interesting to read the thoughts of others on this.

getmore4less

Makes no difference as both clauses say 1 week,

what do you mean by

"or do I assume that it’s the standard 1 month?"

is there something else in the contract because there is no such thing as "standard 1 month"

JoshyBoy_2

By 'standard one month' I mean that most notice periods seem to be one month. My last two jobs have both required a one month notice period and it seems to be pretty much standard in employment?

getmore4less

This one is a week per years service(min 1 week) on both sides.

ScorpiondeRooftrouser

I can't imagine anything more clear. It's a week. Why would you think it was anything else?

JoshyBoy_2

I just wanted clarification more than anything.

Should I flag it up to protect myself (as equally my employer could get rid of me at a weeks notice). Or do I leave it as it is, as I'm currently looking for another job?

I do expect my employers to challenge this, if / when I hand my notice in and say 'I'm off in a week'.

TBagpuss

Why would they?

The contract as you have quoted it says that during your probationary period, notice is one week.

After your probabtionary period, notice is one week per full year worked. You have worked 15 months, which is one complete year and a bit, so your notice period is 1 week.

It will only chage once you have been there for 2 full years, at which point the notice period becomes 2 weeks.

There is nothing to 'flag up' (other than the fact that you never got the written confirmation you had completed your probationary period, but as you plan to leave, that doesn't sem to be relevant.

There is no standard period for notice. There is a statutory minimum (which is the same as in your contract), and periods can be longer if there is a contract in place prioviding for a longer period. It may be that other people in our field, or even other people in your company, have longer notice periods, but you don't. You have the period set out in your contract.

For instance, in my industry it's normal for the contractual npotice period to be 3 months, in my company we have 3 months for 'professional' staff members and 1 months for support staff.

[Deleted User]

In 2014 I had this situation - The company's HR dept tore clumps of me and said you don't have to have confirmation of probation passed that any part of their contract overrode any letter and that even as I had continued to work just slightly beyond 6 months, I was deemed to have accepted just such terms. (though granted I remember they had just approved someone else's holiday against their own terms on that alone which I always thought had something to do with it)

Indeed they did challenge - 1 weeks notice become 4 and regrettable incident ensued loss of holiday pay, payslip marked, no reference the works when I did eventually have to leave at 3 weeks else become unemployed. Be careful if they are so minded like the above. Definately a lesson learnt not to avoid.

I would be clear before carrying on with any interviews or applications.

steampowered

Your contract is crystal clear that the notice period is one week for each year of continuous service. You have 1 years' service so your notice period is 1 week.

The concept of 1 week notice for each year of continuous service is a well understood concept that mirrors some of the provisions in the Employment Rights Act (albeit in the Act that only applies to employers dismissing employees). I do not think there is much scope for misunderstanding.

The standard notice period for employees - i.e. the default notice period you have to give under the Employment Rights Act if there is nothing in your contract - is also one week.

JoshyBoy_2

Thanks all for your responses. I'm aware that it is there in black and white, but I just wanted clarification.

What course of action can I take if my employers refuse to adhere to the contract and say I have to work longer?

Could I just go down the unwanted route of not turning up to work, after working the 1 weeks notice?

The contract is in black and white and is countersigned by a director so I'm aware that legally they don't have much of a case...

ScorpiondeRooftrouser

That's like asking what you can do if your employers say you can never leave and have to go to the moon. You can ignore such nonsense.

The question is what can THEY do if you give a week's notice and leave, and the answer is that they can sue you. Just the same as if your contract said you must give a month's notice. The only difference is whether they would win and in your case they clearly wouldn't so only a bunch of lunatics would attempt it.