Employment Lawyers Can Answer Your Employment Law Questions
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Is that one week notice if he was resigning? Please note I am mobile today so may not be able to respond immediately thanks
Many thanks for your patience. Notice periods are either determined by law or by contract. The law would take precedence, unless there was a contractual term requiring something which is at least equal to or longer than the legal requirement.
If an employee was to leave their employment, then regardless of length of service they need to give a week’s notice. If their contract requires them to give a longer notice period on leaving, then they would be bound by that. However, in this case the contract still only requires a week’s notice so both legally and contractually he would only be expected to give that week’s notice, not a month like the employer is claiming. He is safe to leave after the week has elapsed. They cannot force him to work longer than that.
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