Different notice periods, employer exploiting agreement

babymanval

Hi all,

I would really appreciate if someone could help me here:

I recently handed in my notice, which is 1 month as required by my contract. My employer's required notice period to me is 1 week, as per the same contract. I work in a 9 month contract job, paid monthly, that looks after a specific client. There isn't always a huge volume of work, but I am kept going.

However, once I handed in my 1 month's notice, I was given 1 week's notice by my employer pretty much in response, which basically absolves them of having to pay me the last 3 weeks of the month.

Is there anything I can do? Any help appreciated.

B.

Glinda

Did your employer give you a reason for letting you go? Are you still on probation?

babymanval

Glinda wrote: »

Did your employer give you a reason for letting you go? Are you still on probation?

Thanks...

I am only there 3 months, out of an intended 9, so I am most likely still on probation. No reason given specifically, sufficient "workload" from the client was cited during a chat, but not officially communicated, nor is it true tbh. Performance isn't an issue at all, but does this matter if they don't have to give me a reason by way of probation period?

I guess I'm just asking if the blatant reactiveness of them giving notice immediately after me, would serve to make them liable for pay for my full month's notice period (provided I work it obviously)?

tatli_lokma

No, I don't think it would, but I am open to correction on this. You signed a contract accepting that the notice period was inequitable. Did you give your notice in writing, or verbally. Possibly if your notice was in writing, this is the one they should honour - first in first served sort of basis. By that reasoning you would indeed be due your 3 weeks pay if they said finish up after a week - they would need to pay you out for your notice, sometimes known as gardening leave.

If you did give notice by writing, perhaps you should seek legal advice on where you stand. If your notice was verbal then there is little you can do about it.

Within your probation period they can pretty much give you little or no notice and no explanation and there is not much you can do. So I think your only possiblity is if the notice was officially served by you and then usurped by the employer. But again, this would be a legal issue so you would need to investigate this yourself with a solicitor - which may end up costing a lot more than 3 weeks wages. I suppose it depends on whether you want to make a point of principle or not.

babymanval

Little Ted wrote: »

No, I don't think it would, but I am open to correction on this. You signed a contract accepting that the notice period was inequitable. Did you give your notice in writing, or verbally. Possibly if your notice was in writing, this is the one they should honour - first in first served sort of basis. By that reasoning you would indeed be due your 3 weeks pay if they said finish up after a week - they would need to pay you out for your notice, sometimes known as gardening leave.

If you did give notice by writing, perhaps you should seek legal advice on where you stand. If your notice was verbal then there is little you can do about it.

Within your probation period they can pretty much give you little or no notice and no explanation and there is not much you can do. So I think your only possiblity is if the notice was officially served by you and then usurped by the employer. But again, this would be a legal issue so you would need to investigate this yourself with a solicitor - which may end up costing a lot more than 3 weeks wages. I suppose it depends on whether you want to make a point of principle or not.

That is the issue basically: I am aware that I kind of have to accept what they decide given probation periods/reasons etc. However, yes, I did communicate my notice in writing, of which we both have records. Contract law is fairly explicit by nature in its interpretation of agreements, my concern is that should the contract ever need to be examined judicially, it will be a fairly basic exercise and my employer will not be found to have done anything wrong going strictly by the letter of contract. As you said however, 3 weeks' wages-worth kind of renders escalation of the whole thing moot, and based on the form they've just shown, they probably know they have me over a barrel in this regard.