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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, My question is about notice period start date, our

Resolved Question:

Hi Ben, My question is about notice period start date, our office is from London to Manchester and I have agreed to move to new location on a four weeks trial period which starts on the 14 of September 2015. According to my current contract my notice period
is 3 months. So in the trial period if I tell them that the new location is not suitable, when does my notice period does starts? I have also attached the letter they have given me.
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
Also just to be clear, me moving to Manchester does mean my current contract end and new one starts, does it?
Customer: replied 2 years ago.
and lastly the point 2 at the end of first page indicates that they only want me to work till 12 of October, if I decide not to continue in the new location, can they make me work after 12 of October and can they make me work in Manchester after 12 of October? Or will they have to pay lieu of notice?
(There may not be an office in London by the 12 of October 2015.)
Expert:  Ben Jones replied 2 years ago.
Hello again, if you decide that during your trial period the job is not suitable, the notice period would start on the date you inform the employer of this. If you leave it until the end of the trial period it would be then, so 12 October in your case. If the contract includes a payment in lieu of notice clause the employer can terminate your employment there and then and you would just be paid the equivalent of your notice period. So it could be correct to say that your last day of employment could be 12 October, or even earlier, depending on when the trial period is terminated.
It is correct that the start of a trial period would mean a new contract of employment being offered to you but obviously it would be without any break of service and if you reject the new job then your terms would be those which you held before the trial.
Finally, they could only make you work in Manchester if your contract allows it. So check if there is a clause which could allow your employer to ask that of you, such as anything to do with relocation or working from a different location. In the absence of such they would most likely have to pay you in lieu of notice.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Thank you for your answers.
The 3 months’ notice period is in my current contract (before trial) and if the start of a trial period means a new contract of employment being but if I reject the new job then my terms would be those which I held before the trial. So would that also includes the notice period from the contract before trial?
Also In my contract does not have mobility clause/ relocation but it does say that I may have to visit / work form different locations? However In which cases my employer would normally pay for my expenses of the visit i.e. train ticket hotel etc.
Can they use that to make me stay in new location and if so would they then have to pay for my expanses like they normally do if one goes and visit a different location? Keeping in mind they have clearly indicated that they will not offer any financial support for relocation (Accommodation, transport etc.)
Expert:  Ben Jones replied 2 years ago.
Thanks. I am just travelling right now but if you give me a couple of hours I will be able to consider this properly.
Expert:  Ben Jones replied 2 years ago.
Hello, yes the notice period would be the same as before the trial, that would not change. As to the working from different locations they could potentially use that clause but it would only really be possible for a short period of time and 3 months may be a bit long. But if they do and you agree to it then it would be subject to the other terms, like compensating you as per the clause.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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