4 week job notice

Rollo Tamasi

I signed a 6 month contract with my current employer on the 12th of August. The initial 6 months are a probationary period. The contract states that you need to give 4 weeks notice if you wish to leave.

I was offered a position on Friday (better job ) to which I told my future employers I would only need to give two weeks notice to my current employers.

I informed my current employers of this and they reminded me that I had signed a contract which states that I need to provide 4 weeks notice. However, I thought that legally if you're working less than 6 months in any position that the legal requirement is 2 weeks notice.

If the contract I signed, which states that I need to give 4 weeks notice, does not conform to the minimum legal requirement of 2 weeks notice then is contract then void?

whiskeyman

Rollo Tamasi wrote:

I thought that legally if you're working less than 6 months in any position that the legal requirement is 2 weeks notice.

If the contract I signed, which states that I need to give 4 weeks notice, does not conform to the minimum legal requirement of 2 weeks notice then is contract then void?

I'm not sure that 2 weeks is a legal minimum requirement at this stage.
That said, if the contract states 4 weeks, it still conforms to whatever minimum requirement there is - remember, it'd work both ways. Either you give them 4 weeks, or they tell you you've 4 weeks left.
Best bet would be to approach your boss and explain the situation. In many cases, the extra notice can be waivered on the agreement of both parties.

Rollo Tamasi

Thanks for the info.

The big advantage i have is that in 3 weeks i have 2 weeks off work for christmas.

Plus..i have 4 days off which are due to me to that i need to take before the end of this year. So technically i can hand in a months notice and work only 2 weeks...

whiskeyman

Rollo Tamasi wrote:

Thanks for the info.

The big advantage i have is that in 3 weeks i have 2 weeks off work for christmas.

Plus..i have 4 days off which are due to me to that i need to take before the end of this year. So technically i can hand in a months notice and work only 2 weeks...

Careful.
As far as I know, your days leave can not be used against working out notice.
You're management could be well within their rights to get you to work out your full notice, but then pay you for your days leave in lieu.
I'm not 100% on this, but it makes sense when you think about it and I'm pretty sure it happened to a mate.

That said, hopefully your boss will be able to come to an agreement with you so you can start in time, and a replacement can be got in too.

Wishbone Ash

Edit: see next post.

Rollo Tamasi

thanks for the link wishbone ash, but that law indicates the process from employer to employee and not employee to employer

Wishbone Ash

Rollo Tamasi wrote:

thanks for the link wishbone ash, but that law indicates the process from employer to employee and not employee to employer

Oops, sorry . I posted the wrong bit. (Previous post edited). There seems to be no specific legal required period but depends on your contract.

9.—(1) An employee may, for the purposes of ascertaining or confirming any term of his employment (including the date of commencement of that employment), require his employer to furnish him with a written statement containing all or any of the following particulars in relation to the following matters, that is to say—

( a ) the date of commencement of his employment,
( b ) the rate or method of calculation of his remuneration,
( c ) the length of the intervals between the times at which remuneration is paid, whether weekly, monthly or any other period,
( d ) any terms or conditions relating to hours of work or overtime,
( e ) any terms or conditions relating to—
(i) holidays and holiday pay,
(ii) incapacity for work due to sickness or injury and sick pay, and
(iii) pensions and pension schemes,
( f ) the period of notice which the employee is obliged to give and entitled to receive to determine his contract of employment, or (if the contract of employment is for a fixed term) the date on which the contract expires.