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Notice Periods

6 replies

SilverGlitterBaubles · 22/09/2023 06:03

We are going through some changes in and it has been said that the notice period for longer servicing staff will be changed to a minimum of 3 months as this is now statutory. I have looked into it and I can see that employers have to give minimum 12 weeks notice and the only statutory minimum for employees is 'not less than one week'. I understand that notice periods vary in contracts and most employees will have to give a months notice. My concern is that when it is being said that something is being changed as it is statutory requirement and it is not correct.

Hoping that some of you wise people can help confirm that my understanding is correct or maybe not. TIA

OP posts:
Angelik · 22/09/2023 06:25

Acas website then send reference to HR enquiring if you have "misunderstood" your employers message

Aprilx · 22/09/2023 06:48

Do you mean you can’t see where employers have to give a statutory minimum of twelve weeks?

Well actually it could be true if the employee has been there a long time, it is one week per year of service up to twelve years.

Mos notice periods are not one month, it varies.

Asiama · 22/09/2023 07:26

The notice period that applies is the longer of either statutory notice or contractual notice (I'm going to ignore gross misconduct for simplicity).

Let's say you have been working somewhere for 15 years and the contract you signed 15 years ago states 1 month notice period for both the employer and the employee. Over this time period statutory notice for the employer would have increased to 12 weeks while the notice period for employees would remain at 1 month. So, if you were to be made redundant, the employer would have to give 12 weeks notice, but if you were to resign you would need to give 1 months notice.

It sounds like your employer wants to change the contract so that the notice period is equal on both sides, based on the employer statutory notice period increasing for those who have longer service?

SilverGlitterBaubles · 22/09/2023 08:16

@Aprilx I can see the statutory requirement for employers being 12 weeks for longer service but no where can I see a reference that it is st
statutory for employees to do the same.

OP posts:
SilverGlitterBaubles · 22/09/2023 08:17

@Asiama Yes this is my understanding also but it is being framed that that change to longer employee notice is also statutory which I believe is incorrect

OP posts:
Asiama · 23/09/2023 08:21

@SilverGlitterBaubles I don't think that's correct either and the Acas website has details on statutory notice. However they frame it though, it sounds like they want to increase the notice period you give to them which I think is the main issue.

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