I was told that my notice period would be 3 months, as per my contract of employment even though I had not had sight of it. HR advice.
Ben, so even though I have not been given a contract to sign or any terms of employment other than the basic, hours, holiday entitlement, etc. Can my employer insist on a 3 month notice period?
If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. It is not always necessary to have a rite contract in place though so if at the start of the employment it was specifically agreed that you would have a 3 month notice period and you took the job based on that, then even if this was not followed up in writing it could still be binding.
Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. Also the employer has to show that actual losses have been incurred and often that is not easy to do. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.
If no contractual notice period clause exists, whether in writing or verbally agreed, an employee who has been continuously employed least one month is required to give a minimum notice period of one week in order to terminate their employment.
So if you are positive that n contractual notice exists then you would only be required to give the week’s notice.
Hope this clarifies your position? If you could please let me know that would be great, thank you
So if you are positive that no contractual notice exists then you would only be required to give the week’s notice.
, thanks Ben, but no I'm afraid it doesn't answer my question.
My employment commenced on 15th December 2013. I was not given a draft contract & have had no discussions regarding notice periods prior to or since joining the company.
HR have a service level of 8 weeks in which to provide a contract of employment. I have been employed weeks & to date have not recieved a draft or indeed any contract.
Therefore, am I in a position to move forward as if no contract exists i.e. with one weeks notice; or, because there is a service level, do I have to accept an extended period even though I have never has sight of a contract or any T's & C's & nobody has discussed notice periods with me?
the existence of a service level will not change your legal position, which I discussed above. In the absence of any contractual agreement, whether verbal or in writing, detailing a longer notice period you would only be required to give the week's notice
Does this clarify things now?
, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks
Yes thank you.
you are welcome all the best