Employment Contract question
Discussion
A quick question to anyone who understands employment law please.
The misses has been offered a new job and has said she will start in two weeks.
Her current employer is stating she must work her notice period and has said this is 4 weeks.
On her contract it did say this was negotiable and so she has asked to go after 2 weeks.
Her current employer is unwilling to negotiate and has just said 4 weeks.
She has been there 13 months now and wishes to leave in two weeks time.
Can her current employer keep her to the 4 weeks notice and what issues are there if she was to leave after 2 weeks.
Thanks in advance.
The misses has been offered a new job and has said she will start in two weeks.
Her current employer is stating she must work her notice period and has said this is 4 weeks.
On her contract it did say this was negotiable and so she has asked to go after 2 weeks.
Her current employer is unwilling to negotiate and has just said 4 weeks.
She has been there 13 months now and wishes to leave in two weeks time.
Can her current employer keep her to the 4 weeks notice and what issues are there if she was to leave after 2 weeks.
Thanks in advance.
She can leave at the end of today if she wants. She will be in breach of contract, but in reality who would want her to work her notice if she was unhappy?
A reference might flag up that she failed to work her notice, but would that really matter?
She is entitled to pay up until she leaves, less any holiday she has taken but not accrued.
A reference might flag up that she failed to work her notice, but would that really matter?
She is entitled to pay up until she leaves, less any holiday she has taken but not accrued.
I don't think I have ever seen a contract of employment that said 'notice is negotiable' but then in the current market they may have put it in to help them if they wanted to get rid of your missus sooner! However, if it really does say that then due to the short period of time she has worked for them I would say two weeks is ample notice. The worst they can do is try and sue for breach of contract terms but the terms are so vague it wouldn't come to anything and I can't see them pursuing it. Of course they probably will do everything they can to make life hard for her by slowing her final payment down, getting it wrong, delaying the P45 and maybe not writting a reference.
I was once told by legal advisors (But have never tested it) that it is possible that if as a result of not working notice, and employer may claim for any losses they incur as a result.
As above its breach of contract. So, if they have to employ a temp to cover your wifes work, they can make a claim against your wife for any ADDITIONAL costs they incur, including extra wages paid etc.
But, they cannot deduct those costs straight from your wifes wages, they would have to pay her her rightful wages (otherwise its an unlawful deduction from wages) and then make a claim against her for the costs.
While it is possible for an employer to potentially do that, how many actually would even try it?
Have you thought of explaining the situation to the new employer? If they are worth their salt they would want your wife to do to the soon to be ex-employer as they would want her to do to them (i.e. work the proper notice).
As above its breach of contract. So, if they have to employ a temp to cover your wifes work, they can make a claim against your wife for any ADDITIONAL costs they incur, including extra wages paid etc.
But, they cannot deduct those costs straight from your wifes wages, they would have to pay her her rightful wages (otherwise its an unlawful deduction from wages) and then make a claim against her for the costs.
While it is possible for an employer to potentially do that, how many actually would even try it?
Have you thought of explaining the situation to the new employer? If they are worth their salt they would want your wife to do to the soon to be ex-employer as they would want her to do to them (i.e. work the proper notice).
The contract is meant to agree a number of terms between both parties (i.e. the amount of paid annual leave, bonus payments and notice periods etc) and as such is meant to be binding once signed.
If your wife intends to break the contract then her employer could decide to do the same and negate to pay annual leave (above the minimum entitlement), cancel any bonus payments due etc…. I don’t believe your wife can argue with any changes her employer introduces as it would be seen as it was she that effectively ‘tore up the contract.’
Having said this, many employers will simply do nothing and pay her up the point of leaving rather to the end of the notice period.
If your wife intends to break the contract then her employer could decide to do the same and negate to pay annual leave (above the minimum entitlement), cancel any bonus payments due etc…. I don’t believe your wife can argue with any changes her employer introduces as it would be seen as it was she that effectively ‘tore up the contract.’
Having said this, many employers will simply do nothing and pay her up the point of leaving rather to the end of the notice period.
dingg said:
as an aside
the co I work for has a notice period of 3 months , so far when people have left they have been happy with 4 weeks , I believe if anyone wanted to challenge the notice period it wouldn't stand up in court as it is an unrealistic period
Why is it unrealistic? Most of the jobs I've had over the last decade have taken about three months to be hired into, and a while to get properly up to speed on.the co I work for has a notice period of 3 months , so far when people have left they have been happy with 4 weeks , I believe if anyone wanted to challenge the notice period it wouldn't stand up in court as it is an unrealistic period
daz3210 said:
Have you thought of explaining the situation to the new employer? If they are worth their salt they would want your wife to do to the soon to be ex-employer as they would want her to do to them (i.e. work the proper notice).
Exactly this, I would not want to employ someone if they did this to a previous employer, they are just as likely to do it to me! Moreover if I found out after they had started that they had done this I would be very unsympathetic if I was leaning towards getting rid in the first 12 months... What goes around comes around.
randlemarcus said:
Why is it unrealistic? Most of the jobs I've had over the last decade have taken about three months to be hired into, and a while to get properly up to speed on.
the industry I work in has a relatively high movement of personnel between companies and the 'norm' is two weeks to 1 month , I work for a foreign company where the employment structure is different to most uk based companies and 3 months is the norm for periods of notice.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff