Employment contract - notice period question.

[jaja4421]

Apologies if this should have been in "Jobs & Employment Matters" but as it's a legal question thought I'd ask here...

A 'friend' has been offered a contract of employment where the notice required from the employer is 1 week, but the notice required from the employee is 4 weeks. I was of the understanding that these terms should be the same, under some vague recollection of "unfair terms". Having said that I can't find any definitive info from Mr Google, so was wondering if anyone can confirm and if necessary point me at the relevant legislation or regulation?

Many many thanks as ever.

[jaja4421]

Thought it might move... Thanks

[C350Akra]

In my experience it is fairly normal, however, dependent on the role and the potential employee's value to the company this may be open to negotiation. Given it is 1 vs 4 weeks I doubt there is any room for manoeuvre with this one.

[BertBert]

Also I think employment law has something to say on the matter. A quick google brings up this... https://archive.acas.org.uk/noticeperiod

[jaja4421]

BertBert said:

Also I think employment law has something to say on the matter. A quick google brings up this... https://archive.acas.org.uk/noticeperiod

Thanks Bert - I saw that too but it seems to me to say that it's ok to have the different terms... 1 week employer, 4 weeks employee... Seems I may have misremembered or misunderstood. Hey ho!

[martinbiz]

jaja4421 said:

BertBert said:

Also I think employment law has something to say on the matter. A quick google brings up this... https://archive.acas.org.uk/noticeperiod

Thanks Bert - I saw that too but it seems to me to say that it's ok to have the different terms... 1 week employer, 4 weeks employee... Seems I may have misremembered or misunderstood. Hey ho!

That is only up to first 2 years though, after that the employer must comply with the statutory minimum which is 1 week for every year worked up to a max of 12 weeks, so if he has worked for 5 years then the notice period or PIL is 5 weeks

[TwigtheWonderkid]

If you have holiday owing, and wish to take it during your notice period, so your departure date is the 20th(which is when you'll get paid to) but your last day at work will be the 10th, can they stop you? Can they insist you have the money for the days you are owed, and work thru, or can you insist you take the actual holiday?

[martinbiz]

TwigtheWonderkid said:

If you have holiday owing, and wish to take it during your notice period, so your departure date is the 20th(which is when you'll get paid to) but your last day at work will be the 10th, can they stop you? Can they insist you have the money for the days you are owed, and work thru, or can you insist you take the actual holiday?

No you can't insist, holiday can be taken whilst working a notice period if the employer agrees and subject to the normal conditions placed by the employer, clashes with other staff, agreed notice being given etc etc

You are still under their employment until the notice period has finished, so the normal contract rules apply.

You are also still entitled to carry on accruing the contracted amount of annual leave whilst working a notice period, so if working a months notice you would still accrue 1.67 days in this period (assumming the statutory 20 days plus bank holidays applies)

[TwigtheWonderkid]

martinbiz said:

TwigtheWonderkid said:

If you have holiday owing, and wish to take it during your notice period, so your departure date is the 20th(which is when you'll get paid to) but your last day at work will be the 10th, can they stop you? Can they insist you have the money for the days you are owed, and work thru, or can you insist you take the actual holiday?

No you can't insist, holiday can be taken whilst working a notice period if the employer agrees and subject to the normal conditions placed by the employer, clashes with other staff, agreed notice being given etc etc

You are still under their employment until the notice period has finished, so the normal contract rules apply.

You are also still entitled to carry on accruing the contracted amount of annual leave whilst working a notice period, so if working a months notice you would still accrue 1.67 days in this period (assumming the statutory 20 days plus bank holidays applies)

So can they stop you taking holiday completely during your notice period, and force you to take the money instead?

[Terminator X]

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

[jaja4421]

Terminator X said:

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

My 'friend' plans to - we were just wondering if there were some rules to refer to - seems we have debunked that idea so he'll have to just politely ask and see.

[dibblecorse]

Terminator X said:

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

Or just ask nicely if they can be amended, call their bluff and don't be surprised if they move on the candidate number two, very few companies negotiate notice periods below Snr Dir / VP level and even then its rare.

[2 sMoKiN bArReLs]

Terminator X said:

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

Or ask politely. No employer wants the thought of taking on a balshy employee.

[2 sMoKiN bArReLs]

We also had the same terms for the first couple of years. Sometimes you just want to sack a muppet early on. (You usually find out the level of muppetry early doors )

[Tyre Smoke]

We have this for new employees. If you can talk the talk but clearly can't walk the walk, we don't want you any longer than necessary.
Without exception this has never been a problem for the employee.

[2 sMoKiN bArReLs]

Tyre Smoke said:

Without exception this has never been a problem for the employee.

Over many many years I've noticed that the contents of employees' contracts are a complete mystery to said employees. I can count the number of queries I've had on one hand, and that includes senior people who really should know better. (I've even been known to slip the odd googly in as a tester )

[Terminator X]

2 sMoKiN bArReLs said:

Terminator X said:

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

Or ask politely. No employer wants the thought of taking on a balshy employee.

Likewise they may be complete twunts with such one sided terms?

TX.

[2 sMoKiN bArReLs]

Terminator X said:

2 sMoKiN bArReLs said:

Terminator X said:

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

Or ask politely. No employer wants the thought of taking on a balshy employee.

Likewise they may be complete twunts with such one sided terms?

TX.

Indeed they may, but they pay the wages

[anonymous-user]

2 sMoKiN bArReLs said:

Terminator X said:

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

Or ask politely. No employer wants the thought of taking on a balshy employee.

Bolshie. Derived from Bolshevik. I assume that you know what a Bolshevik was.

[TwigtheWonderkid]

Breadvan72 said:

2 sMoKiN bArReLs said:

Terminator X said:

Just say no and ask for the same period both parties? You only get one chance to get the best possible terms and this is it!

TX.

Or ask politely. No employer wants the thought of taking on a balshy employee.

Bolshie. Derived from Bolshevik. I assume that you know what a Bolshevik was.

I appoint you our etymology Tsar!