Ask a Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. what is your question about please
Provided a notice period to my company as decided to leave for another opportunity. The notice period company required is 1 month. I gave notice as company was aware that an offer was in place with a start date 1st Sept was given. I stated in good faith that I giving three months notice and would leave at the end of Aug. ! week later company placed me on 'Garden Leave' and stated that they were reducing the notice period to the single month. Can they do this as I have kept within the term and conditions of my employment and given more than a months notice.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded. I have a meting this morning and will get my advice ready for you for this afternoon regards ben
Many thanks for your patience. Under contract you were required to give them 1 months’ notice. This means the notice period is fixed at 1 month. You can offer to give your employer more than the months’ notice but they do not have to accept it, otherwise you could nominate whatever notice period you want and for as long as you want and expect them to keep you in a job and pay you for it, something which does not happen unfortunately. So if you have offered a longer period than 1 month the employer has the option of either agreeing to this period and allowing you to work the longer period, or refusing to accept this longer notice period and expecting you to work just the contractual notice period you are bound by. As long as they did not formally accept your request to a longer notice period, they can refuse to accept that and expect you to work through your normal 1 month’s notice, which means your employment could terminate once that period has expired. Sadly employees cannot choose the length of their notice period without the employer’s consent, it is fixed at whatever is in their contract and can only be extended or shortened with the employer’s consent.
Hope this clarifies your position?
Thanks for your comments
You are welcome