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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47914
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter is on a 3 month trail & in her 2nd month yesturday

Resolved Question:

My daughter is on a 3 month trail & in her 2nd month yesturday they gave her a perment contract but 2 day told her she was sacked & is to do 4 wks notice is that right she has not signed the contract yet
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you asking if she can be sacked?
Customer: replied 2 years ago.

No asking does she have to work the 4 wk notice

Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
What notice she is supposed to work would depend on what contract she had at the time and what it says. If she was employed on a contract which said she is only due a short notice period on dismissal, then that is what she would be de. Let’s say for example she was employed on a contract which said that she was on probation and she was on a week’s notice, then the starting point is that she would only be entitled to a week’s notice and that is what she would be expected to work.
However, you say they have given her a permanent contract with a longer notice period. It is not necessary for it to be signed to be valid. If she had indicated her acceptance to the contract then it could be valid even if not signed. So if she was given that yesterday and told the employer she was accepting it then it can still be binding. However, if she did not signify her acceptance and did not in any way indicate that she was agreeing to its terms, then it would not be valid so the employer cannot try to enforce the longer 4 week notice and the original shorter notice period would still apply.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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