Legal notice question

[okgo]

A freind of mine is leaving her post at my work.

She gave her notice last Friday (has another job lined up), she has been with the company just over a year, and the boss is stating she is to work a 4 week notice period.

I looked at my contract and it says 1 week for every year served.. not 4. We do the same job.

However she can't find her contract, and HR are proving less than helpful, what can she do as she doesn't want to be here another month, and its a sales job so its not really worth it..

Are they legally obliged to provide another copy of it, what can she do?

Thank you.

Edited by okgo on Wednesday 27th May 09:48

[bogwoppit]

I'm sure HR have a copy of the contract, and if they can't show her where it says she has a 4 week notice period, she simply does not.

[edc]

Two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. (Copy and paste from Businesslink for ease).

[okgo]

edc said:

Two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. (Copy and paste from Businesslink for ease).

So having been there less than two years..?

Still no contract yet, but will it override this?

[edc]

This is the statutory provision. Contract may increase this but cannot reduce these periods. Is she out of probation? If so a contract will typically state something like 'whilst in probation period either party can terminate with 1 week's notice, thereafter, notice is 4 weeks' etc. If she has no contract then I in her shoes would lead with 2 weeks.