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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47412
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Want to resign from work. Have worked for the company for

Resolved Question:

Want to resign from work.
Have worked for the company for THREE years, however in this last role 8 months.
The most recent contract states:

COMMENCEMENT OF EMPLOYMENT:
The Employee’s employment with the Employer shall be deemed to have commenced on the date set out at Item 2(b) in the Schedule hereto (which date includes any period of employment with a previous employer which counts as part of the Employee’s continuous service with the Employer)

2(b) states April 2014


Termination of Employment:
(a) Notice required to terminate from either party as follows:
Either:
(i)
service of less than one (1) year; one (1) months’ notice
(ii)
Continuous service of more than one (1) year but less than twelve (12) years; a minimum of two (2) months’ notice or one (1) week for each completed year of continuous employment (whichever is the greater)
(iii)
Twelve (12) continuous years of service or more; twelve (12) weeks


Must I give the 1 or 2 months notice?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Could you provide me with the exact dates of your employment please?

Customer:

March 2010 to present.

Customer:

Within this role, from Sep 2013, but only contracted in Apr of 2014

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

Ok, thanks Ben

Ben Jones :

Many thanks for your patience. your continuous service with this employer would be 3 years so you will be bound by the following clause:


 


(ii) Continuous service of more than one (1) year but less than twelve (12) years; a minimum of two (2) months’ notice or one (1) week for each completed year of continuous employment (whichever is the greater)


 


The first option is that you give them 2 months’ notice. The other option is that you give them a week for each completed year of continuous employment, which in your case would be 3 weeks. The main condition is that you give them the greater of these two periods, which would be the 2 months, hence you would be required to give them 2 months if you wanted to terminate your employment with them.

Ben Jones :

Hope this clarifies your position?

Customer:

Yes, thank you

Ben Jones :

You are most welcome, all the best

Ben Jones and other Employment Law Specialists are ready to help you

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