Notice period - new job

General_Grant

Missbunny14 wrote: »

I have been here for almost seven months of a fixed term contract but they have offered me a permenant place on the company. As far as they know I’m going to take it but they treated me badly and unfairly (completely different story). I stated earlier in my company handbook it says ‘you must inform your line manager of your decision to terminate your contract of employment and you will normally be asked to confirm this is writing. The period of notice will begin from the date we receive this notification. Your last day of employment will be the date on which your notice expires unless agreed otherwise.’ There is no other information to go off, not even in the contact I received at start of fixed term employment.

So they have not given you the information about your notice period as required by law. They are not trying to say your notice period is as long as the contract itself (otherwise they would not say when it would begin). [But perhaps they mention elsewhere that, unless otherwise stated, your contractual rights will be in line with statutory requirements. Do they do that regarding paid holiday entitlement?

So, unless you accept a new "permanent" contract with a longer notice period, both you and they need give only one week's notice.

Missbunny14

Then, as repeatedly stated, your notice period is one week unless they can come up with evidence of a contractual requirement for longer.

I understand, I’ve read what people have replied but the whole point of me opening this thread was to get a mixture of advice and opinions. However that wasn’t my question, my question was if they could make me leave earlier than a month if I was to give a months notice. Thank you for your opinion though

Undervalued

Missbunny14 wrote: »

I understand, I’ve read what people have replied but the whole point of me opening this thread was to get a mixture of advice and opinions. However that wasn’t my question, my question was if they could make me leave earlier than a month if I was to give a months notice. Thank you for your opinion though

Yes they could unless there is a contractual agreement for them to give you notice of a month or more.

With only seven months employment you have no protection against unfair dismissal. So, if you gave a month's notice they could respond by dismissing you with a week's notice.

getmore4less

Missbunny14 wrote: »

This isn’t the case. I understand what you’re saying but I don’t think it’s 2 weeks I just know that is standard when there is no other information to go by.

When there is no other information to go on it is one week.


You need to be careful as fixed term contracts can where there are no break/notice clauses have the end date in the contract as the date any notice not to renew expires.

Missbunny14

So I’ve just looked on citizens advice and it states “You can give more notice than your contract says, if you want - your employer can’t make you leave earlier. If they do make you leave earlier, this counts as sacking you” I’m guessing this is false information?

TELLIT01

Missbunny14 wrote: »

So I’ve just looked on citizens advice and it states “You can give more notice than your contract says, if you want - your employer can’t make you leave earlier. If they do make you leave earlier, this counts as sacking you” I’m guessing this is false information?

No, it's not false information. In your situation it seems you have less than 2 years with the company so they could terminate your employment without any regard to the notice period you have given them.

Undervalued

Missbunny14 wrote: »

So I’ve just looked on citizens advice and it states “You can give more notice than your contract says, if you want - your employer can’t make you leave earlier. If they do make you leave earlier, this counts as sacking you” I’m guessing this is false information?

Yes and no!

If you had more than two years service what you read on the CAB site would be true.

However with less service, as I stated, you can be dismissed just by them giving you the minimum notice required which would be one week. You would have no recourse as you cannot claim unfair dismissal.

TBagpuss

Missbunny14 wrote: »

So I’ve just looked on citizens advice and it states “You can give more notice than your contract says, if you want - your employer can’t make you leave earlier. If they do make you leave earlier, this counts as sacking you” I’m guessing this is false information?

Not exactly.

You can give longer notice, and the notice you give would expire on the day you've given them, but they could give counter-notice.

If they give you notice (for instance, if you say "I'll leave in a month, and they reply, no, you'll leave in 2 weeks) then they will be dismissing (sacking) you.
If you are within your first 2 years of employment and you don't have a contractual notice period of more than 2 weeks, then their dismissal of you will be fair and perfectly legal, as they are entitled to dismiss you for any non-discriminatory) reason.

If you have a longer contractual notice period or have been working for more than 2 years, then they will have dismissed you but the dismissal may be unfair, and therefore not something they are legally entitled to do.

OP , in your case, the first question is whether your contract or the original offer letter you had say anything about notice periods. I would normally expect this to be in you contract, not in the employee handbook, as different employees often have different notice periods, depending on the nature of their job.

If the contract doesn't say anything, then the normal statutory rules apply, and you will need to give one week's notice.

Savvy_Sue

there may be a way round asking HR about your notice period without it looking as if you're planning to leave. A quick phone call: "I've got a query about this offer of a permanent job, I can't see any mention of a notice period there and I just wondered if it's the same as on this fixed term contract?" And they (hopefully) answer yes or no, but actually state what the notice period is. And if they don't, then you go "Oh right, so what IS my notice period at the moment? ... and once I'm on the FTC, it changes to / remains the same ..."

So you're framing it within the context of a permanent job offer, where it would not be unreasonable to check what the t&c were.

Even better if you can think of some other queries about the t&c in the permanent job. ;-)

[Deleted User]

Missbunny14 wrote: »

I understand, I’ve read what people have replied but the whole point of me opening this thread was to get a mixture of advice and opinions. However that wasn’t my question, my question was if they could make me leave earlier than a month if I was to give a months notice. Thank you for your opinion though

I believe it becomes risky if you possibly have holiday left to take?
(make sure you use it before notice goes in) oh dear, you'll be left owning them... you'll have to work!
When I was asked (and wanted to leave) a data entry job I remember going early because of the holiday build up it was said and over staffing helped my case! and then there was the company (a courier) didn't actually require my services any longer and because they were working on keeping me a few more weeks apparently, actually caused a situation where I'd leave of my accord the next day after giving notice as you bet they didn't take the news well and what I didn't appreciate at the time there was a connection with the company I was off to. I did later come by their clause which in the contract allowed them to lay me off on business levels as the temp. Don't know why they didn't save themselves the hassle when I give them the letter to just say don't worry returning. Instead they felt the need to give me the message when they took to disarmed the lanyard hours later.

The last FTC I worked on past 3 months of being in the role, it was a month's notice especially as no one else held the same role. Having said that when it came to the end of the work and their notice of a month served on me, in a different role, I simply said I've the offer of a permanent job to persue and they said ok with our blessing go in a week. They definitely saw the advantages. Didn't dawn on me until after but I should have said/asked can I go part time for a month during their notice rather then jump at the week as their boring data entry job did need doing!

It all depends on the company's point of view, what they do, staffing levels. Some situations are just out of your control. In 7 months you would have gleaned how others are treated when it comes to resigning. I would prepare for some funny business if they wanted to keep you on and are light on staff. Go careful.