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SASH_Law
SASH_Law, Laywer
Category: Employment Law
Satisfied Customers: 1157
Experience:  Director at No.53 Legal Limited
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Is 2 months notice generally considered to be 8 working

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is 2 months notice generally considered to be 8 working weeks?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: my son's employers are telling him that it's 2 calendar months, not 8 working weeks
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: I think employees non-union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not that I can think of

Hi, I'm Lea and I have reviewed your query.

 

Does your son's contract state 2 months notice?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 9 days ago.
yes it says 2 months' prior written notice until you have been continuously employed for eight complete years; and one additional week's notice for each completed year of continuous employment thereafter up to a maximum of twelve weeks' notice. He has worked there for 6 years.

Is he paid monthly?

Customer: replied 9 days ago.
Yes he is paid monthly

As he is paid monthly, it would follow that the reference to 'two months' notice in his contract would mean two calendar months as opposed to eight weeks. Normally contracts that require notice in weeks will state 'weeks' as opposed to 'months' in order to make things clear.

 

The only way for your son to challenge it is to negotiate a shorter notice period. I can't see that it helps them to keep him on if he really wants to leave.

 

Does that assist?

Customer: replied 9 days ago.
ok thanks, that's what I thought, I just wondered if the reference to a maximum of 12 weeks in the second part of the clause could be argued as setting a precedent that the notice period was calculated using weeks instead of calendar months

No, I think by changing the second part of it to weeks, they were making that distinct from the two months notice required before reaching 8 years of service.

 

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