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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78258
Experience:  Qualified Solicitor
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Hiya! I've been given my notice with work, during my

Customer Question

Hiya! I've been given my notice with work, during my probation. My employer is saying I have two weeks notice but the contract I signed says I have one month either way during my probation, and that I may get given 4 weeks notice in the case of termination.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No, I tried to talk to my employer and they didn't answer my questions. There is no HR and my employer IS the manager.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No union, I am an employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Maybe a heads up, the contract is a bit of a mess. They use Google Drive for everything.
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 21 days ago.

I understand your query relates to contractual notice. Please copy and paste the clause/s related to this from your contract on here

Customer: replied 21 days ago.
My work computer is being slow - I'm really sorry - could we have a phone call?
Customer: replied 21 days ago.
I can't afford that, please wait
Customer: replied 21 days ago.
OK, it's just loading
Customer: replied 21 days ago.
OK, portion one:
E) Hours of Work & the Working Week:
9:30 am – 5:30pm, Monday to Friday
● Place of work: Onsite with some remote working
● Probation Period: Three months (with one month notice either side)
● Period of Notice: Three months notice period following successful completion of
probation
● Responsible to: CEO
● Pension: 3% employer pension contribution (NEST Pensions)
● Annual Leave: 20 days a year, plus 8 bank holidays, with an additional 1 day for
each year of service (up to 5 additional days)
Customer: replied 21 days ago.
Second portion:
J) Probationary period
The first three months of the Employee’s employment are a probationary period, at the end of which there will be an appraisal interview to confirm the employment. No guarantee of employment should be deemed to exist until after appraisal.
Customer: replied 21 days ago.
Third portion
L) Termination:
1) Length of Notice Period: Except during the probationary period defined in L) above either party must give the other a minimum of 3 months notice to terminate this contract.
2) Statutory Notice Period: Where the statutory minimum notice period is more than the number of weeks in N) 1), the statutory period shall apply.
3) Notice during Probationary Period: During the probationary period defined in L) above either The Company or the Employee may give 4 weeks written notice of their intention to terminate the employment.
Customer: replied 21 days ago.
I don't understand why I've been given two weeks noticed when it clearly says one month either end and 4 weeks. Is there something I'm not understanding?
Customer: replied 21 days ago.
I could download the full contract and send it to you, if that would help?
Customer: replied 21 days ago.
File attached (77G1G62)
Expert:  Ben Jones replied 21 days ago.

Thank you, ***** ***** long have you worked there for?

Customer: replied 21 days ago.
I started 25th April
Customer: replied 21 days ago.
Unsure if this helps, I was annual leave with this company from 23rd May - 5th June, so I've only had something 4/5 working weeks with them
Expert:  Ben Jones replied 21 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens. Many thanks.

Customer: replied 21 days ago.
Hi Ben, thanks for this. I'm going to be here until 5:30pm, I have a call with my employer/manager some time in the afternoon and I'm really nervous. I hope to hear from you soon!
Expert:  Ben Jones replied 21 days ago.

No problem at all.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Expert:  Ben Jones replied 21 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

Looking at the contract, I can see the following about the notice you are due:

In the first portion, it initially states that the first 3 months of your employment would be a probationary period and there is a month’s notice applicable either side (i.e. whether you or the employer gives notice, it would be a month).

It then goes on to state that the notice period would become 3 months either side, once the probationary period has successfully completed.

The third portion states that apart from in the probationary period, notice would be 3 months either way. However, in the probationary period it states that it should be 4 weeks either way.

So there are only two mentions of the notice in the probationary period – once says it is a month, the other 4 weeks. You can use the one more favourable to you, which would be a month, but either way – there is nothing that states it should only be 2 weeks.

Expert:  Ben Jones replied 21 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 21 days ago.
Hi Ben, this is really great to hear and super understandable. I tried to ask my manager this and they were adamant that it should be two weeks. Am I OK to quote you and refer to citizens advice in a follow up email? If they refuse to listen to this what should I do?
Expert:  Ben Jones replied 21 days ago.

Hello again and thank you for your further queries, which I will be more than happy to answer. You can certainly tell them that you have spoken to a solicitor who has reviewed your contract. Citizens Advice can’t do much apart from give you basic advice so it’s up to you whether to approach them or not. If the employer does not pay you as due, then you have the option of claiming for the missing pay in the Employment Tribunal – you need to contact ACAS to start the process.

Customer: replied 21 days ago.
Excellent, that's really great to know. I've sent them an email and taken screen shots of this conversation - I'm conscious they may accuse me of lying - if there's any push back I'll contact ACAS. We're buying a house this year and I'm not in a financial position to not be paid. I really appreciate your help, thanks again!
Expert:  Ben Jones replied 20 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.

Customer: replied 18 days ago.
Heya Ben, I’m aware it’s a weekend so please get to this when you can. My mental health has really taken a dip due to the treatment of my employer and I’m seriously thinking of just ghosting and not showing up for the rest of my leave. I understand and am OK with this impacting my pay. From the contract I sent over, would she have legal rights of taking me to court over doing that?
Expert:  Ben Jones replied 18 days ago.

Hi, are you able to get signed off for the notice period if needed, such as with stress?

Customer: replied 18 days ago.
That’s the plan on Monday, my hope is I can get it done then. GP’s aren’t open on the weekends.
Expert:  Ben Jones replied 18 days ago.
you can self-certify for the first 7 days' absence anyway, but after that if you can get a GP's note you can remain on sick leave for the rest of your notice period without breaching your contract
Customer: replied 18 days ago.
This is great to know, Ben thank you so much! This has been a complete nightmare and you’ve made this so much easier - thank you thank you thank you!!
Expert:  Ben Jones replied 18 days ago.
My pleasure!