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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48786
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working for my present employer for nearly 17

Resolved Question:

I have been working for my present employer for nearly 17 years. I am an administrator/secretary in a school and wish to leave at the end of the Summer Term 2017. However, my notice period is only one month - I wish to let them know of my intention and perhaps give notice at the end of the Spring Term 2017 (end of March) but am concerned that they might say, go now. What is the legal position of giving notice or more than is stated in my contract?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

So your notice is not measured in terms as other school staff may have in their contracts?

Customer: replied 1 year ago.
That is correct. Teachers have very different contracts. Support staff only have to give one month's notice but I wonder whether there is any legal problem with my giving more notice than that.
Customer: replied 1 year ago.
OK don't need the phone call. Just some advice as to any legal implications in my giving say, 3 months' notice. I want to know whether they could say, OK, then go now. There are going to be changes within my department and the Head of Department is changing his role. It seems the right time for me to go and I want to give them maximum notice of my intention but without jeopardising my position.
Customer: replied 1 year ago.
Sorry but this response is not complete. Can I expect a full response? And if so, in what time scale? Please let me know otherwise this service is not sufficient and I do not want to pay for half an answer. Thank you.
Expert:  Ben Jones replied 1 year ago.

Hi there, sorry i was offline by the time you had replied. You are entitled to propose a longer notice period to the employer but they are not required to accept that. So if they do not accept it, it means you would still only be bound by your contractual notice period. The key is not to actually hand in your notice to them early but to approach them and raise the possibility of you leaving under a longer notice period. If they agree to it then you should get something in writing which confirms that and states what your termination date would be. You would then be allowed to continue working until that date, effectively working a longer notice period.

If they reject your suggestion then as you have not actually submitted your notice period yet nothing should change for you and you would continue working as normal. You then decide when to submit your notice period to time it with your preferred departure date.

They cannot just terminate your employment because you had proposed a longer notice period as that would amount to a dismissal which would likely be an unfair one in the circumstances.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - 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 get back to me on here and I will assist further as best as I can. Thank you

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