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Am I reading this right. (Contract/Notice)
[Deleted User]
Posts: 0 Newbie
I've got a strange contract for a sales focussed job where wording is making me kind of quite nervous if I were to hand in my notice, it would be a 'go immediately' situation being as I'm under 3 months.
I haven't under performed yet so that is adding to dreading the reaction and there is no past history to go by with everyone in the company workplace (apart from me) being family so I don't know how awkward it would be. Appreciate I've treated my current role like a stopgap and I would probably be grateful to leave soonest but concerned about being stupid and left penniless again.
Granted I regret the timing but have the opportunity to go back working for a bigger company and improve on from just being telesales appointment maker and become more secure, the potential new company said they would allow for 1 week's notice to be served as the rightful thing to do, but I'm working on the proviso and from past experience that first pay from them will simply be a week only due to starting date, or I'll have to wait 6 weeks. What I have for the contract for departing employment scares me slightly and makes me question if they can let you go without working notice and losing the earning for a week:
"Probation Period:
You join us on an initial probationary period of three months. During this period your work performance and general suitability will be assessed and, if it is satisfactory, your Employment will continue. However, if your work performance is not up to the required standard, or you are considered generally unsuitable, we may either take remedial action (which may include the extension of your prob period) or terminate your employment at any time.
Notice periods:
Beyond successful completion of your probationary period, you must give one month's notice in writing when terminating your employment with the company.
Goes on to say for each year served past 24 months, notice increases by a week.
We reserve the contractual right to give pay in lieu of all or any part of the above notice by either party."
I haven't under performed yet so that is adding to dreading the reaction and there is no past history to go by with everyone in the company workplace (apart from me) being family so I don't know how awkward it would be. Appreciate I've treated my current role like a stopgap and I would probably be grateful to leave soonest but concerned about being stupid and left penniless again.
Granted I regret the timing but have the opportunity to go back working for a bigger company and improve on from just being telesales appointment maker and become more secure, the potential new company said they would allow for 1 week's notice to be served as the rightful thing to do, but I'm working on the proviso and from past experience that first pay from them will simply be a week only due to starting date, or I'll have to wait 6 weeks. What I have for the contract for departing employment scares me slightly and makes me question if they can let you go without working notice and losing the earning for a week:
"Probation Period:
You join us on an initial probationary period of three months. During this period your work performance and general suitability will be assessed and, if it is satisfactory, your Employment will continue. However, if your work performance is not up to the required standard, or you are considered generally unsuitable, we may either take remedial action (which may include the extension of your prob period) or terminate your employment at any time.
Notice periods:
Beyond successful completion of your probationary period, you must give one month's notice in writing when terminating your employment with the company.
Goes on to say for each year served past 24 months, notice increases by a week.
We reserve the contractual right to give pay in lieu of all or any part of the above notice by either party."
0
Comments
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Have you been there for at least a month?
If so, then the statutory notice is 1 week and they have to pay you - if they don't want you to work then they can pay you in lieu of notice but they can't not pay you.
If you have worked there less than a month then you can leave immediately if you think they will tell you to go straightaway, factor at in to when you tell them
You can have a contract which requires longer notice periods than the statutory requirements, but not shorter ones. So your contract says that fter the three month period your notice period is 1 month, not the statutory notice of 1 week (in the first two years ) or 1 week per year worked (up ti max. of 12 weeks) if employed for longer.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)1 -
If they want to out, given the time you have been with them, they could say 'go now' but would still have to pay you the minimum notice period. If you don't want to be there, there is little point in them keeping you there potentially having a negative effect on other staff.
1 -
Thanks for the advise, I've actually worked for well over a month and the contract coming to me had become bit of a standing joke, it took over a month to get to the contract of a page and a third, which originally was said to have confidentially clauses and everything else but it is more like this is what we've typed in a rush. Whilst I totally get that confirming anything to do with a job doesn't happen as instantly or proper these days, whether big or small company.
I was a bit confused by the terms as I totally read it that inside of 12 weeks they can get out of allowing me to work notice therefore I am owed nothing beyond the I am considering leaving conversation or even if they chose to fire me before passing of probation. Hence scared silly if I tried the conversation today, it could result in well don't come back tomorrow.
There is no other staff to be negative around as I work in an all family owed concern and whilst they are lovely and enchanting types, I am aware how quickly things can change and with potential for a family to take it far more personally as I think I'm best saying I don't want to work 6 days and would rather not upset by saying I got a better role. I am really the only Employee with a different surname in work place and in doing the job, so again I am slightly taken aback that actually the role holder isn't clearer held to more of a notice period until 3 months kicks in. I guess it will be interesting if they can say they have made some errors in writing it, but they really did have quite a time to draft it. I accepted starting on a 4 day trial at the Employer say-so so perhaps there is some scope for all to end well. I'll be hopeful. Thanks for reading.0 -
As per TB's comment, statutory notice applies provided there is nothing else in the contract. So provided you are willing and able to work, if they say to you something to the effect of 'don't come back tomorrow' they still have to pay you for the week's notice.
If I were you and handing in the notice I would say you are resigning, and what do they want to do about your notice period? If you are not willing to work they will not have to pay you, so, be willing to work it if you want the notice pay.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse2
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