Notice Period

J

jimmypage

Guest
From a legal perspective, is there a required minimum notice period and employee must offer an employer (e.g. 1wk, 4wks etc.)?

i.e. If an employee breaks a notice period per the employment contract (e.g. by giving just 4wks notice where the employment contract has a 3 month clause) are there any potential legal ramifications?

Thanks

J
 
AFAIK the statutory notice periods are governed by the length of service, as follows:

Length of Service:
Thirteen Weeks to Two Years - One Week
Two Years to Five Years -Two Weeks
Five Years to Ten Years - Four Weeks
Ten Years to Fifteen Years - Six Weeks
More than Fifteen Years - Eight Weeks
 
Just to clarify this, the notice periods set out by McGinger are the minimum notice periods that an employer must give to an employee. The minimum notice by statute that an employee must give an employer is one week. The contract may extend the minimum notice period.
 
If the contract does actually extend the notice period to two months and it is not adhered to by the employee, what are the chances of the employer successfully suing the employee?? I do not think it would cause the employer damage as the employee is replaceable, having only been with the company 1 & 1/2 years. It is very difficult to get a job that will wait for two months!
 
HollyOlly said:
If the contract does actually extend the notice period to two months and it is not adhered to by the employee, what are the chances of the employer successfully suing the employee?? I do not think it would cause the employer damage as the employee is replaceable, having only been with the company 1 & 1/2 years. It is very difficult to get a job that will wait for two months!
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Little to no point in having any notice period for an employee in reality.

Mind you, a solicitor colleague of mine told me that one of his employees (a solicitor herself) gave him a weeks notice just before Christmas, she refused to stay a day longer to help the person taking over her caseload. She correctly stated that she had no contract of employment and therefore a week was all that was required.

He said fair enough, you are correct but what i am going to do is ring up Joe Bloggs who you are going to and explain to him the difficult situation that you have put me in and ask him if he will allow you stay another few days. The employee agreed that that would not be necessary and she'd stay on for the handover....
 
Sorry to hijack the post.

If you were part time in a position for a number of years (2 years) and you worked with a company for 16 years and they are now closing down are you still entitled to 8 weeks notice in addition to redundancy payments?
 
Thanks Clubman. A further question please would it be considered a break in service if a person went part time for 2 years of their service - from year 2 - 4 of a 16 year service, they worked at wkends etc while at college?
 
To my knowledge if part time equal 3 day - > 19 hours a week there is no difference.
 
Stifster said:
He said fair enough, you are correct but what i am going to do is ring up Joe Bloggs who you are going to and explain to him the difficult situation that you have put me in and ask him if he will allow you stay another few days.
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Another good reason NOT to tell your current employer where you are going when you hand in your notice - keep em guessing.
 
So the advice here is screw personal integrity and ignore your contract because they can't do anything to you if you just walk away. I hope all those giving this advice wouldn't get up on their high horses if the employer treated their employees in the same way... but I think the usual (double) standards apply.
 
Purple said:
So the advice here is screw personal integrity and ignore your contract because they can't do anything to you if you just walk away. I hope all those giving this advice wouldn't get up on their high horses if the employer treated their employees in the same way... but I think the usual (double) standards apply.
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I hope that's not a reference to my post above. If it is, go back and read my post.
 
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