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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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in an employment contract where the employee has 1 month notice

Resolved Question:

in an employment contract where the employee has 1 month notice and the employer has 1 week notice, if the employee resigns, can the employer then serve their notice to end the contract in 1 week or do they have to honour the 1 month because the employee already resigned?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello are you the employee in this situation?

Customer:

Hi - no i'm the employer, its a nanny contract

taratill :

how long have they worked for you for?

Customer:

7 months

Customer:

perhaps also worth mentioning they have used more than holiday entitlement (4 days), which wouldn't have mattered but in the situation (they're resigning in a slightly soured way hence the reason i want to know if we can serve the shorter notice as i'm not comfortable with her looking after my child for the next month), so this could perhaps be taken into consideration

taratill :

Hi sorry for the slight delay as she has less than 2 years service so long as there is no discrimination aspect, i.e she is not pregnant and there can be no allegation on the basis of sex, race, religion or disability, there will be no claim if you give notice of 1 week.

Customer:

thanks

taratill :

No problem, if you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. :Thank you and all the best.

taratill :

no it's not theft as it is a civil matter, did you have a written contract with him and have you talked about the defects and asked him to put them right?

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