How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My husband is currently job hunting and has been asked how

Resolved Question:

My husband is currently job hunting and has been asked how soon he can be available to take up a position but his current contract isn't clear. It states (directly copy and pasted)Notice of Termination
In order to terminate the employment under this contract the Employee is required
to give to the Employer, and the Employer is required to give to the Employee, the
following periods of written notice:
(a) up to the completion of between 2 and 4
years' continuous employment 1 month's notice(b) from 5 years' continuous employment...He has worked in his current position for just over a year. He thinks that is there no explicit mention of the 2-4 year period that he can give the statutory 1 week but I am not sure.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ben Jones replied 2 months ago.

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

Expert:  Ben Jones replied 2 months ago.

I agree it is not a very well written clause but from it says it would appear that he is only required to give them a week's notice because the clause specifically says for service between 2-4 years' service and he does not meet that criteria. Also the ambiguity of contractual clauses would usually be determined in the favour of the employee, as they are the ones in the weaker bargaining position and it is the employer's actions that have created that uncertainty, so even if it was challenged further in court, which I would very much doubt, the likelihood is that he would be the one in the right anyway.

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

Ben Jones and other Employment Law Specialists are ready to help you