Notice period - new job

Missbunny14

This is such a difficult situation. More than likely I’m going to have to risk this. :money: fantastic

TELLIT01

TBagpuss wrote: »

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

I've come across this on the ACAS website regarding statutory notice. It repeats what TBagpuss has said, but also has info on what is required to be given by the employer.



Statutory or contractual notice period

There are two types of notice period: statutory and contractual. Statutory notice is the minimum legal notice that can be given. Employers should give the employee:

• one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
• two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks' notice.

Employees must give their employer a minimum of one week's notice once they have worked for one month. This minimum is unaffected by longer service.

LawAbiding

So it was me from the other thread.

My contract clearly states "At least 4 weeks" and I gave 6 weeks thinking of the companies interest.

The company responded by providing 4 weeks notice of termination.

To complicate things, they also put me on Garden Leave. I asked them to clarify the position with HR and Legal, and I got a revised letter changing it from 4 weeks to 6 weeks. Whether it was my manager being a lone wolf, or the companies position originally remains to be seen.

You do not want to give 4 weeks notice and then to be told you have to leave in 1 weeks, as from the sounds of it, you only have to give 1 weeks notice.

You really need to clarify if for certain your contract / company requirement of a minimum notice period if not there.....

Be selfish, if the notice is indeed 1 week, then wait 3 weeks and give 1 weeks notice.

Missbunny14

You really need to clarify if for certain your contract / company requirement of a minimum notice period if not there.....

Be selfish, if the notice is indeed 1 week, then wait 3 weeks and give 1 weeks notice.

This is my main issue, I haven't got anything to go by so of course one week is standard but i don't want them to then say "actually your contract states blah blah blah". I know very unlikely because I have read my contract and handbook continuously since this post but I am worried. I know they would need more than a week to find a replacement. However, it will no longer be my monkey so not my circus I guess.:j

General_Grant

Missbunny14 wrote: »

This is my main issue, I haven't got anything to go by so of course one week is standard but i don't want them to then say "actually your contract states blah blah blah". I know very unlikely because I have read my contract and handbook continuously since this post but I am worried. I know they would need more than a week to find a replacement. However, it will no longer be my monkey so not my circus I guess.:j

That would be for them to prove. If you have your contract and handbook, then surely you have the proof there is nothing notified to you - as long as there is no reference to finding details of your employment on the intranet, that kind of thing.

TELLIT01

If there is no reference to notice period in the contract, the staff handbook or any job offer letter then it would seem that statutory notice is all that would be required. I'd be inclined to work on that basis and let them try to prove you wrong.

LawAbiding

I agree with the others.

If you have any colleagues who you TRUST (I have learn't never trust anyone), maybe ask them what it says those people's contracts etc.

Otherwise, I would say 1 week. Yes it will take them longer to replace, but thats not your problem.


Whatever you do, don't make the same mistake I did and be generous and give more notice then required.

Missbunny14

Update...

I have just found out the following information.

1) A 'friend' from the company who left a while back had to give four weeks notice. She had been with the company under a year, and did the same job as myself. The only difference is that I'm currently 'fixed term'

2) I've just heard from someone else in the company that as far as my manager is aware they think I'm taking their permanent position so that is two job roles they're going to have to hire for. (hasn't been confirmed by me)

Would you still wait until a weeks notice?

Undervalued

Missbunny14 wrote: »

Update...

I have just found out the following information.

1) A 'friend' from the company who left a while back had to give four weeks notice. She had been with the company under a year, and did the same job as myself. The only difference is that I'm currently 'fixed term'

2) I've just heard from someone else in the company that as far as my manager is aware they think I'm taking their permanent position so that is two job roles they're going to have to hire for. (hasn't been confirmed by me)

Would you still wait until a weeks notice?

What do you mean by "had to"? Did she ask how long, they replied four weeks and she said "Oh, OK then"? Or, did they produce some proper evidence that her contract had a four week notice period?

As said, unless they have reasonable evidence that your contract (in the widest sense) requires more than a week's notice then it is only one week.

Ultimately, if you give a week's notice and leave their only options are to either put up with it or make a claim against you for any unavoidable losses you have caused them.

To have any chance of winning they would have to convince a judge, on the balance of probabilities, that you should reasonably have been aware that your contract required longer notice.

So, either you ask them how long or you just give a week's notice and go.

If you ask and they say it is four weeks (or longer) then you could ask for evidence of that. Either they will admit they were wrong or point you towards something written down that you should have seen or, if they are really dodgy, fabricate something after the event!

Nobody on here can tell you anything more than that.