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Notice periods

(4 Posts)
MTBMummy Sun 05-Mar-17 19:55:01

I know this should be under emplyment, but posting here for traffic.

How normal is it for a company to give you statatory notice period for your dissmissal but enforce a contractual one for the reverse of a longer period of time.

Sorry I'm not being clear. Looking at a new contract and it states that after 1 month up to 2 years, they need to give one weeks notice to terminate the employment, but they request 28 days notice if I was to terminate.

Looking at acas, and it is totally legal, but it seems hideously unfair, obviously gross misconduct or breach of contract is a different matter altogether.

user1487671808 Sun 05-Mar-17 20:22:33

They can ask for 28 days but the minimum period in law is one week so that is all you have to give up to two years employment.

Amummyatlast Sun 05-Mar-17 20:33:15

That's not true user. You have to give the greater of your contractual and statutory notice. So if the contract doesn't specify the period of notice, you (the employee) just have to give one week, but if your contract states more that the statutory period of notice you have to give the notice period in your contract.

donquixotedelamancha Sun 05-Mar-17 22:03:15

It is very, very rare (but perfectly legal) to sue for not giving notice. Most companies would not want you to work another couple of weeks if you were pissed off enough to quit. The usual sanction is no/bad reference, which you obviously wouldn't worry too much about if you had another job.

The most they could get would be actual losses caused, such as the difference between your salary and the cover staff for the period. The court costs/effort/publicity make it pointless to sue unless your salary is in the millions and you are irreplaceable.

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