Notice Period

enzolondon1

enzolondon1 said:

General_Grant said:

enzolondon1 said:

Savvy_Sue said:

The notice period can be a month, or 4 weeks: these are not quite the same. Most employers wouldn't quibble about the difference, but I have politely suggested to my HR that we should be clear and consistent (because our contracts say one thing, and our staff handbook says the other ... and a manager did want to quibble ...)

Your colleague is employed continuously, even on the days they don't work. So their last day actually working (15th Feb) can be earlier than the last date on which they are employed (19th Feb). 

And as already stated, there may be leave they are owed: will they want to take it (which could make the last working day earlier) or be paid for it?

Cheers for the reply. A  If they hand in their notice on 11th January does this make their leaving date 11th February irrespective of it not being a working day for them? The concerns from my colleague seem also to be that a start date has been agreed and recruitment in their new place have confirmed this on their recruitment system but B  no contract or unconditional offer has been sent yet.  My understanding is always to wait for these but as a start date has been agreed and confirmed with recruitment I suspect my colleague handing in their notice next week should be OK? 

A   Correct - if notice is one month and notice is handed in on 11 January, the one month begins on 12 January and ends on 11 February irrespective of whether it is a normal working day.

B   In an ideal world, all written contractual things would be to hand before giving notice to a current employer but, in real life, compromises have often to be made.  And, in any case, if things change for the new organisation, they could withdraw their offer of employment despite having issued contractual documents.  So one might as well trust that the job materialises, as most likely it will.

Absolute star.Thanks very much for the clarity there. Much appreciated!

Sorry bud, just checked if they hand in notice 11th Jan, the one month notice period begins 12th Jan and ends 11th Feb. Problem is their last working day would be the 8th Jan due to the days they work. Would this not mean they are not giving a full month notice period though? 🤔 

Savvy_Sue

enzolondon1 said:

enzolondon1 said:

General_Grant said:

enzolondon1 said:

Savvy_Sue said:

The notice period can be a month, or 4 weeks: these are not quite the same. Most employers wouldn't quibble about the difference, but I have politely suggested to my HR that we should be clear and consistent (because our contracts say one thing, and our staff handbook says the other ... and a manager did want to quibble ...)

Your colleague is employed continuously, even on the days they don't work. So their last day actually working (15th Feb) can be earlier than the last date on which they are employed (19th Feb). 

And as already stated, there may be leave they are owed: will they want to take it (which could make the last working day earlier) or be paid for it?

Cheers for the reply. A  If they hand in their notice on 11th January does this make their leaving date 11th February irrespective of it not being a working day for them? The concerns from my colleague seem also to be that a start date has been agreed and recruitment in their new place have confirmed this on their recruitment system but B  no contract or unconditional offer has been sent yet.  My understanding is always to wait for these but as a start date has been agreed and confirmed with recruitment I suspect my colleague handing in their notice next week should be OK? 

A   Correct - if notice is one month and notice is handed in on 11 January, the one month begins on 12 January and ends on 11 February irrespective of whether it is a normal working day.

B   In an ideal world, all written contractual things would be to hand before giving notice to a current employer but, in real life, compromises have often to be made.  And, in any case, if things change for the new organisation, they could withdraw their offer of employment despite having issued contractual documents.  So one might as well trust that the job materialises, as most likely it will.

Absolute star.Thanks very much for the clarity there. Much appreciated!

Sorry bud, just checked if they hand in notice 11th Jan, the one month notice period begins 12th Jan and ends 11th Feb. Problem is their last working day would be the 8th Jan due to the days they work. Would this not mean they are not giving a full month notice period though? 🤔 

I think in your last post you mean that their last working day would be 8th Feb. 

You are expending an awful lot of mental effort on this: how long before you can check with HR? Because IMO, as I said before, they are employed continuously, including the days on which they are doing no work. So giving notice on 12th Jan, it ends on 11th Feb, and the fact that they are doing no work on 9th, 10th, 11th, is immaterial. 

We quite regularly have people resign with a last working day some time before their actual final date at work. Either they're taking it as annual leave, or they don't work those days. I'm a huge fan of finishing on the last day of the month, mainly because I do the payroll and it saves fiddling about with pro rata payments!

But all that is IMO, and I'm not an HR specialist. Your employer may have a different opinion. 

General_Grant

enzolondon1 said:

enzolondon1 said:

General_Grant said:

enzolondon1 said:

Savvy_Sue said:

The notice period can be a month, or 4 weeks: these are not quite the same. Most employers wouldn't quibble about the difference, but I have politely suggested to my HR that we should be clear and consistent (because our contracts say one thing, and our staff handbook says the other ... and a manager did want to quibble ...)

Your colleague is employed continuously, even on the days they don't work. So their last day actually working (15th Feb) can be earlier than the last date on which they are employed (19th Feb). 

And as already stated, there may be leave they are owed: will they want to take it (which could make the last working day earlier) or be paid for it?

Cheers for the reply. A  If they hand in their notice on 11th January does this make their leaving date 11th February irrespective of it not being a working day for them? The concerns from my colleague seem also to be that a start date has been agreed and recruitment in their new place have confirmed this on their recruitment system but B  no contract or unconditional offer has been sent yet.  My understanding is always to wait for these but as a start date has been agreed and confirmed with recruitment I suspect my colleague handing in their notice next week should be OK? 

A   Correct - if notice is one month and notice is handed in on 11 January, the one month begins on 12 January and ends on 11 February irrespective of whether it is a normal working day.

B   In an ideal world, all written contractual things would be to hand before giving notice to a current employer but, in real life, compromises have often to be made.  And, in any case, if things change for the new organisation, they could withdraw their offer of employment despite having issued contractual documents.  So one might as well trust that the job materialises, as most likely it will.

Absolute star.Thanks very much for the clarity there. Much appreciated!

Sorry bud, just checked if they hand in notice 11th Jan, the one month notice period begins 12th Jan and ends 11th Feb. Problem is their last working day would be the 8th Jan due to the days they work. Would this not mean they are not giving a full month notice period though? 🤔 

No it does not mean they are not giving a full month's notice.

As above, last day as an employee (last day of employment) would be 11 February irrespective of whether or not it is a working day.  You don't have to being carrying out duties on your last day as an employee.