Notice period question

[GreigM]

Anyone got any employment advice for me, legal or otherwise.

Basically my contract clearly states 4 weeks notice period. So on monday I handed in my notice. They want me to work the next 4 weeks + the following monday. They say this is their "normal" practise, but to me this is 4 weeks + 1 day. Is there any legislation etc which I can point to in order to help my case. I don't want to be in breach of contract, but it is certainly souring the relationship before I leave.

[Shaun_E]

If you've got any holiday left then just book the Monday as holiday!

[GreigM]

Sorry, wrong forum, if someone could move to the pie and piston I'd appreciate it.

Also, no holidays left - so can't do that.

[liszt]

I would suggest to them that your "normal practice" is that the Monday is the first day of your notice period and that you will be working the 4 weeks and finishing on the Friday.

Ask them if they expect you could be productive on that Monday if you did come in?

[edc]

If you handed in your notice on monday then wouldn't the 4 week period run from the tuesday?

[crazydave]

Sounds like they're being picky to me. I negotiated a weeks notice period with one company when they wanted me to work a month and because I'd been such a good employee to the company they let me have it. The fact my contract hadn't been updated to a four week notice period from one week had nothing to do with it

If you had handed it in half way through the Monday would they have expected you to work half a day?

Pull a sicky or ask to take it off unpaid.

[GreigM]

I don't like to do these kind of things, but what is the position with being sick during notice period - can they force you to take it as holidays, or can they insist on a doctors note?

[docevi1]

I've just handed in my notice and it worked as 4 more shifts/weeks. Therefore what they are saying it correct - you need to work 4 more working weeks from when you hand your notice in.

It sucks and seems stupid that they are asking you to work the Monday, but then thats the rules. Problem is, they'll know you won't care on that Monday so I'm betting you'll be doing laccy jobs all day after doing your last "proper" day on the Friday.

[themaskedavenger]

They are just being difficult to be honest.

Just smile say OK and start on a tuesday.

Gives you monday to clear you desk etc etc,

You can always negociate later on, if you have no work etc you can "offer" to go sooner so they dont have to pay you etc.

[MajorClanger]

GreigM said:

Anyone got any employment advice for me, legal or otherwise. Basically my contract clearly states 4 weeks notice period. So on monday I handed in my notice. They want me to work the next 4 weeks + the following monday. They say this is their "normal" practise, but to me this is 4 weeks + 1 day. Is there any legislation etc which I can point to in order to help my case. I don't want to be in breach of contract, but it is certainly souring the relationship before I leave.

Not sure if this link will work, but it states that:

the UK government's business link site said:

"Unless a contract states otherwise, notice can be given on any day. The notice period runs from the start of the day after the day on which notice was given. So if a week's notice is given on a Monday, the period of notice will begin on the Tuesday and expire at the end of the following Monday"

So technically they are correct, however, practicalities are that they should grow up and be reasonable!

MC

[AC79xxx]

Sounds like they're trying to be difficult.

If you've got another job already lined up why not agree to working the last Monday and then phone up on that morning and pull a sickie?

[docevi1]

ha, I've just had a letter from my current employer stating that I have accrued 4.72 hours holiday, but have taken 12, as such they are taking 2 weeks pay off me - my final pay cheque will be in the region of £5.

Still, I think they have done the accruing of holiday entitlement slightly wrong (I know I have to pay something, but not 2 full weeks).

[MajorClanger]

docevi1 said:

ha, I've just had a letter from my current employer stating that I have accrued 4.72 hours holiday, but have taken 12, as such they are taking 2 weeks pay off me - my final pay cheque will be in the region of £5. Still, I think they have done the accruing of holiday entitlement slightly wrong (I know I have to pay something, but not 2 full weeks).

hours or days?!

[docevi1]

I work 4 hours a week, so they are taking 7.28 hours (essentially two shifts).

Thing is I'm sure they have worked out my holiday entitlement out wrong - I've worked 23 contracted 4 hour shifts so far this year and am only entitled to 4.72hours holiday - by reckoning that should be more towards 6 or even 7 hours.

I'm thinking there can only be three reasons for the difference, either I've got the thought process wrong, they have forgotten I changed from 8 to 4 hours a month back or with them you don't accrue holiday when working notice.

Either way, I'm not particulary happy (although I knew I'd have to pay them something). Amusingly they told me "we're taking two weeks pay from you", "will you fill in this questionaire telling us what you think of us in please" I'm not leaving under a cloud - I need a reference and no point burning bridges

[mcflurry]

It is probably in your interests for the "last day" to be a Monday.

Say you finish on 22nd April, they would pay you 22 days money, if you finish on the 25th you would get 25. 3 days extra money for 1 day of work. Lovely Jubbly

[anonymous-user]

AC79xxx said:

Sounds like they're trying to be difficult. If you've got another job already lined up why not agree to working the last Monday and then phone up on that morning and pull a sickie?

I did that once. Only to find out on the day I went in to my new job my old boss was meeting with the company I had started working for only for them to say "Ah, you must know Darran - he started working for us today". D'oh!

[citloon]

My last employer wanted three months notice! then they told me I couldnt be sick and wanted visual proof of my condition? and no they werent medically qualified needless to say they got neither, now self employed, trebled my income and lost enough stress to float the titanic

[ApexClipper]

Stay where you are! This is a Hijack!

Greig - you have email

Hijack over, as you were!


To answer the question, for the sake of parting on good terms, I'd just take the opportunity on the Monday to clear the desk, say cheerio to fellow workmates etc.

I know you're cheesed off, and I would be too but is it worth the hassle for the sake of an extra 8 hours?




>> Edited by ApexClipper on Wednesday 23 March 17:02

>> Edited by ApexClipper on Wednesday 23 March 17:04

[b17nns]

docevi1 said:

I work 4 hours a week

why are you leaving this heavenly job may I ask?

[2 Smokin Barrels]

See if you can negotiate a mutual solution. If you can avoid it you never want to leave anywhere on bad terms. You never know!