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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50725
Experience:  Qualified Employment Solicitor
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My husband is currently job hunting and has been asked how

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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.

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

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.

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