Employment contract - payment in notice period

[TypeRTom]

Just received the contract for the job I'm starting in January and it includes the following:

"The Company will not be obliged to provide you with work at any time after notice of termination shall be given by either party and the Company may, in its absolute discretion, pay your salary entitlement in lieu of all or any part of the unexpired period of notice (subject to deduction at source of income tax and applicable national insurance contributions)."

The contract states that both parties are required to give 1 month's written notice. It seems that the above statement may contradict this.

Any advice on how to handle this?

[CurvaParabolica]

TypeRTom said:

Just received the contract for the job I'm starting in January and it includes the following:

"The Company will not be obliged to provide you with work at any time after notice of termination shall be given by either party and the Company may, in its absolute discretion, pay your salary entitlement in lieu of all or any part of the unexpired period of notice (subject to deduction at source of income tax and applicable national insurance contributions)."

The contract states that both parties are required to give 1 month's written notice. It seems that the above statement may contradict this.

Any advice on how to handle this?

Both paragraphs refer to different instances; the paragraph you've quoted above refers to what happens after notice has been issued by either you or the employer. The second paragraph (which you've hinted at) refers to what amount of notice both parties need to give the other to terminate employment.

In both cases, each party would give the other 1 month's notice. However by putting in that clause it seems the employer is basically saying "if you resign, we don't have to give you work/you don't need to attend work and we'll pay you your notice in lieu. Or, if we do give you some work even after you hand in your notice, but then end it before the end of the notice period, we'll pay out whatever the outstanding balance of your notice is in lieu.

At least that's how I read it.

[GeraldSmith]

It's perfectly normal. You will be on one month's notice but if you resign they may, at their choice, choose to pay you for the notice period and not require you to work your notice.

[TypeRTom]

Thanks for the replies.

I took it to mean if there was no work they could let me go before the end of the notice period and only pay me for that time.