Notice Period enforceable?
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So I never actually agreed to a 3 month notice period as it wasnt in my offer letter.0
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You do have a contract.
“There is always a contract between an employee and employer. You may not have anything in writing, but a contract will still exist. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract. Your employer does have to give you a written statement within two months of you starting work. The statement must contain certain terms and conditions.”
(Source - CAB)0 -
So what happens if I resign and only AFTER i’ve handed in my notice, do I get the written particulars stating notice period is 3 months? That means I wasnt told that until after I already hand my notice in.0
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Just seems unfair I am being held to a notice period I never actually agreed to or wasnt informed of until after handing in my notice0
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Just seems unfair I am being held to a notice period I never actually agreed to or wasnt informed of
If there is no notice period in your contract and you have never been informed of your notice period, then your notice period is the statutory period http://www.acas.org.uk/index.aspx?articleid=40960 -
My contract just states ‘the notice period is to be confirmed’0
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On the general question of enforceability - it is tricky.
Obviously they cannot physically compel you to turn up to work. So, if you do leave early, their options are limited. It would mean that you are liable for any additional costs they incur as a result of your departure - but they have to be actual costs, and you are only liable for costs above the cost of your salary, benefits etc. It can be time consuming for companies to calculate this and very tricky if it goes to court.
I've seen people leave before their period many times, and not once has the employer been minded to do anything about it. Even once, an IT developer left with no notice and we had to hire an agency worker in at a day rate of £500 / day for two weeks, the HR & Legal departments said it wasn't worth the time and risk. Would all employers act this way? Possibly some would have chased the bill down.
That's not to say I'd ever recommend someone leaving early though - better to keep a relationship wherever possible. But what it does mean is that in the majority of cases, if you ask for a reduction in notice periods employers agree.0 -
My contract just states ‘the notice period is to be confirmed’
I think you can safely claim that you have not agreed a notice period beyond statutory in that case.
They cannot give you the notice period after you have handed your notice in.0 -
Well thats exactly what they’ve done and said its 3 months and refusing to budge even though I explained the situation! I will basically just saying ‘im giving my 1 week statutory notice’ and walking off without their agreement0
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Well thats exactly what they’ve done and said its 3 months and refusing to budge even though I explained the situation! I will basically just saying ‘im giving my 1 week statutory notice’ and walking off without their agreement
I think that's what I'd do, given you have only been there a couple of months (if I've understood your post correctly). It's unlikely you'll leave on the best of terms or use them as a reference. As far as I can see they would have no claim in a court for any losses and there would be nothing else they can do.0
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