Non reciprocal notice period

[mia1972]

Hello Mumsnetters,

I was hoping somebody could help, I have been offered a a job close to home (yippie) and things seem all good ok. Now the the company is very small and there are a few things that made me think in the contract.

1- the notice period: whereas in the first 6 months of employment they say they will give me 1 month notice, I instead need to give them 3 months notice from day 1. This seems unfair as I believe that the first months are a trail both-ways.

2- there is a lengthy section of the contract on the procedure for dismissal and what misconduct is as well as grievance. For example things like using email or internet are considered misconduct for example, and it's down to the employer to decide what is reasonable in terms of 'insubordinate' behaviour.

I could read these signs both ways - either that they are being overcautious or that they had problems with staff retention / or getting rid of people ..and that they might not treat people that well.

I had a good impression when I met them but I wonder if things could end up badly...

Any thoughts, Thanks MIA

It is quite common to have different notice periods my contract I can give staff 1 weeks notice in their trial period of 6 months, the 1 month for the first two years and then statutory notice of 1 week per year worked up to 12 weeks. Throughout this time staff must give me 2 months notice.

I believe that unequal notice periods have been held to be unfair and therefore might invalidate a contract if challenged. I am sure a legal bod will be along to contradict me soon though.

I think it is fairly unusual and certainly sending all the wrong vibes if I am honest, for the time being I will try to negotiate this ... I might also get a lawyer to have a look at the contract...thanks for your responses!

It's perfectly legal but personally I think an employer ought to be prepared to give the same amount of notice as it requires employees to give, that's only fair and reasonable. I also think requiring 3 months' notice from day 1 when the employer is only prepared to give a week is ridiculous.

Whether a 3 month notice period in itself is reasonable or normal very much depends on the job.

Be interesting to find out the reasoning behind the notice period disparity. (Are they being ultra cautious or is this a sign that they might be unreasonable about other aspects of your employment?) The other areas you mention are within the realms of normal. Some companies do not allow personal use of e-mail/internet at all during working hours.

There are example clauses and template contracts online, as well as disciplinary/grievance procedures and statutory provisions. Worth having a look to decide how reasonable you think their ts & cs are. Inevitably, contracts are formal things and may not quite reflect the culture/working environment of a business.

Definitely worth a discussion to clarify their reasoning and perhaps to ask for examples if you need clarification of any policies.

thanks so much for your help, it's really useful