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: 48453
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 wife has just handed in her notice to her employer today.

Resolved Question:

My wife has just handed in her notice to her employer today. Her contract clearly states one calendar month's notice is required. Nothing additional to that. So we believe that means her last day of work should be 19th November. However her HR dept is telling her boss that she has to work until the end of November. There is nothing in her contract that says the end of the following calendar month. Please can you advise on this?
Submitted: 29 days ago.
Category: Employment Law
Expert:  Ben Jones replied 29 days ago.

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

Expert:  Ben Jones replied 29 days ago.

Your interpretation is indeed correct. A calendar month’s notice would mean one exact calendar month from the date the notice is handed in so in her case, it would be the 19 November that her employment should terminate. Regardless of what the employer says that is when she would be able to leave. They cannot prevent her from leaving or force her to stay beyond the 19th. All they can do is sue her for breach of contract but it is very unlikely such a case would succeed due to the fact a calendar month means exactly that - a month to the date when the notice was originally submitted.

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