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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 2655
Experience:  Owner at James Bruce Solicitors
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I handed in my notice to my company on the 27th September.

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I handed in my notice to my company on the 27th September. My contract states that I have to give 3 months notice but today I have received an email from my company stating that I have to serve notice until the 31st December and failure to do so could result in them taking me to court for breach of contract. Are they allowed to make me work more notice than what my contract states?

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Your employment contract will state what you notice period is and when it runs from, ie, Your notice period usually runs from the start of the day after you handed your notice in, in which case it could end on the 28th Dec. However the contract could state 3 clear months notice in which case that would be October, November and December, the last day of December being the last day. You would need to look at the employment contract to see what it actually says, if it is the latter it wold be a shame to the employer if you suddenly came down with sickness or illness on the 28th December, no one can control when sickness happens ?

Customer: replied 12 days ago.
Thank you! I've looked at my contract and all it says is " If you wish to terminate your employment you must give the Company three months notice in writing".

Then in that case it is three months form the day after you give that notice.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance.

Customer: replied 12 days ago.
Thank you for that. So would that mean they are now in breach of contract as opposed to them saying I am in breach of contract?

No, as the contract has no been breach until that date has passed. It means someone there just does not know their own employers contract.

Customer: replied 12 days ago.
Thank you so much for your help.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance.

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