Notice preriod...???

Question

I intend to hand my notice in at work and I have checked my contract and I think I can get out in a week???? It says....

a) By the employer – two months
b) By the employee – two months
c) Notice is increased after 5 years of continuous employment – the period of notice is a maximum of 12 weeks after twelve years.

Or in accordance with the provisions of the Employment Protection Act, whichever is the shorter period.

the reason I think its a week is because of the last sentance...Or in accordance with the provisions of the Employment Protection Act, whichever is the shorter period (UK).

Answer 1

You are right. The Employment Rights Act (ERA) 1996 states the minimum notice period:
1 week for every year of service up to a maximum of 12 weeks.

However, terms and conditions can supercede these terms providing that they are not shorter than the statutory minimum.

Therefore, you need to give 2 months notice unless you only have 1 years service where, according to what you have written, the provisions of the ERA 1996 is the 'shorter period'.
(1 years service=1 weeks notice)

Basically, it depends on your length of service.

Answer 2

The Employment Protection Act says that most employees are entitled to at least one week's notice after one month's service, two weeks after two years and an additional week's notice for each complete year of employment up to a maximum of 12 weeks for 12 years' service. An employee must give at least one week's notice after one month's service and this requirement does not increase with longer service.
It seems whacky that your contract gives these long notice periods, but then says the EPA notice period has precedence! You can only go by your contract and if thats what it says, then the EPA rules apply.

Answer 3

You MUST give 2 MONTHS notice as per your contract.

My understanding is that if you have been with your employer LESS than 5 years you must give 2 months notice. Between years 5 and 12 is the same, but after year 12 it is 3 MONTHS.

If you want to give them a week's notice, then your employers can keep any money that you have earnt since the last pay day and ask for some of your February pay back.

Answer 4

Normally it is 4 weeks notice but as you said your contract states 2 months!! Ask your HR department.

Answer 5

If your contract says 2 months...why do you think you can get out in a week????

Answer 6

Erm it clearly says you have to give 2 months, unless you have been there for 5 years then its more.

Answer 7

i think a week is in order.