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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48202
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My husband had been with his company for 18 years. His

Resolved Question:

My husband had been with his company for 18 years. His contract states 1 week notice, his employer is trying to make him work 1 month. Can he do this?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Is that one week notice if he was resigning? Please note I am mobile today so may not be able to respond immediately thanks

Customer: replied 1 month ago.
He handed in his notice yesterday and his boss is now trying to find a loophole to make him work 1 months notice which means that he will lose the job he has lined up.
Expert:  Ben Jones replied 1 month ago.

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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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