Help understanding contract / notice period wording

[bennno]

I have read this through a few times and still not clear, my contract of employment features the following:

'After the satisfactory completion of your probationary period, the period of written notice required from you or the company to terminate your employment shall be one month. The period of written notice required by the company to terminate your employment increases after 4 years of continuous employment, to one week's notice for each year of service, up to a maximum of 12 weeks'

I have been employed for 12 years... I don't think the words 'required by the company' are especially clear, e.g. its not clear to me if I am obligated to provide 12 weeks notice, or if thats a company obligation and I only need to provide 4?

Would greatly appreciate any legal guidance.

Bennno

[bennno]

Thats my interpretation, but I didn't think especially clear. Its the 'required by' as opposed to 'required from' the company which made it unclear to my eyes....

[bennno]

Thanks all.

To look at this another way, whats the position if i tender my resignation with 12 weeks notice?

Bennno

[bennno]

Breadvan72 said:

A notice requirement is a minimum. You are free to give more notice than you have to.

So, to err on the side of caution I provided 12 weeks notice, my employer spent 2.5 weeks attempting to talk me out of leaving, throughout this process I stood firm and this week was put on garden leave. Having been put on garden leave I then had a call to suggest they only need 4 weeks notice, so they would only pay for me and release me in a week and a half based on contractual notice of 4 weeks.... I went back and said I had provided 12 weeks notice and willing to work 12 weeks etc as new job does not start until then. I have over 12 years service, don't want an unpaid / out of work block of 8 weeks. Would appreciate advice, is there any risk I would be in breach for providing too much notice, are they in a position to put me on garden leave and unilaterally reduce the notice period provided?

Greatly appreciate guidance, have asked new employer if they might take me sooner - but they are reviewing currently etc. If I go earlier then it also messes with pre booked and agreed holiday etc.

Bennno

[bennno]

Breadvan72 said:

There is no question of you having broken the contract. You gave the notice required by your contract (four weeks) but also a bit more, as you were free to do . There is notice in terms of what the contract requires, and notice of an actual date of leaving. If the employer now seeks to end the contract early then the employer will in effect be dismissing you in breach of contract. This would immediately free you of obligations owed to the employer, including any obligations as to garden leave and as to post termination covenants (but not your enduring obligations as to confidential information). You would be entitled to a modest sum in damages - the amount of net pay for the balance of your notice period. As you have more than two years service you would also have a claim for unfair dismissal, entitling you to a small amount of compensation equivalent to a redundancy payment plus some extra bits and bobs.

The employer is in the wrong. You should hang tough and suggest that if the employer seeks early termination without your agreement to that, then it does so at risk.

Brilliant news, thank you very much for reassurance - much appreciated.