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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50147
Experience:  Qualified Employment Solicitor
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My wife has just handed in her notice to her employer today.

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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?

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

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.

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