Can this contractual term be enforced?
Can this contractual term be enforced?
Author
Discussion

PugwasHDJ80

Original Poster:

7,675 posts

250 months

Wednesday 13th July 2016
quotequote all
Hi All,

My wife has been with her employer for 5 years now at a mid-senior level. She's just been offered a very attractive pay rise (20%) or so, but also asked to sign a new contract.

I've ben working through the contract with er (comparing to the old one) and most of the changes are ok, expect for one.

it says:

"..the company may, in its sole discretion, terminate the Appointment at any time and immediate effect by notifying the employee that the company will make a payment in lieu of notice" followed by a lot more gumph which i won't type out here.

my understanding was that a company had to have a reason to dismiss an employee who had been employed for longer than two years? can my wife give away her rights by agreeing to this notice

I'm a bit stumped even after a lot of googling- so any thoughts would be much appreciated.

FWIW

3,922 posts

126 months

Wednesday 13th July 2016
quotequote all
Payment equivalent to 12 months notice?

PugwasHDJ80

Original Poster:

7,675 posts

250 months

Wednesday 13th July 2016
quotequote all
3 months notice- standard notice period.

edc

9,620 posts

280 months

Wednesday 13th July 2016
quotequote all
Valid reason or not the company is trying to have a contractual right to pay PILON. The alternative position if they want her out immediately without working notice would be a breach of contract.

southendpier

6,203 posts

258 months

Wednesday 13th July 2016
quotequote all
Doesn't that mean they will not require her to work a notice period if they terminate?

PugwasHDJ80

Original Poster:

7,675 posts

250 months

Wednesday 13th July 2016
quotequote all
I'm interpreting this as "we have the right to terminate your emplyment whenever we feel like it without any reason at all"

have i misunderstood?