I'm not 100% sure, all I know is my colleague who has a newer contract is receiving 12 weeks. There has always been and understanding since i started this role, that if I left I would have to give the company 12 weeks notice as this is what I was advised when I was interviewed. The contracted I started with was in a more junior role and only required 6 weeks notice. When i got the latest job, a contract variation form was completed which just showed my new job title and a higher salary. The company car also changed to a higher spec too which was also not recorded.
Thank you. The issue with this is that the law does not require employers and employees to give the same notice period on termination. There is a minimum you would be entitled to in law, which is a week for every year, but anything on top of that would be at the employer’s discretion. Also if you were required to give 12 weeks’ notice if you resigned it does not require the employer to give you the same – they can still just give you the minimum 9 weeks required by law in the absence of anything else to suggest that you are due a longer notice period. Generally this would be contained in your contract, or if there is nothing in writing it would only apply if there was some formal agreement between you and the employer to that effect. The fact that other employees doing the same or similar jobs get the 12 weeks does not give you automatic rights to get the same as each employee can be governed by different terms.
So you would need to show that either your contract entitles you to 12 weeks’ notice on termination by the employer (not just a requirement that you give that on leaving), or that there was some other formal agreement between you and the employer where it was agreed that this is the notice period that would apply to you.
Hope this clarifies your position? If you could please let me know that would be great, thank you
OK thanks. I have queried it with them anyway, I'll see what they come back and say. It just doesnt seem fiar that I have been their longer in the current role than other yet I get 9 weeks, they get 12.I Thought that there is a principle in employment law where terms become implied into an employment contract by ‘custom and practice’ which makes them binding even if they are not written down anywhere so I though this might apply.
there is indeed a principle in employment law called custom and practice but you would need to show that something has been consistently applied for years. For example you would have to show that all employees in the company or at least those doing your job have always or for a number of years been given that longer notice period.If it is not something applied consistently or for long enough then it is unlikely to qualify
Hope this clarifies?
you are welcome, all the best
I wanted to rate as Excellent but faces are greyed out so unable to select one
sorry it may be a bug, we can process at our end, thanks