Originally Posted by later12
I said a few posts ago that this needs to be tested in the absence of any relevant case law.
I understand that. But as it stands, the notice period in a contract stands unless the employee can prove that there is an implied right which exempts them from it.
The contract is considered valid unless it breaches any existing laws or rulings.
So it's up to the employee to challenge the notice period in the contract, it's not up to the employer to assert that it's valid.
In other words, in the case of a civil suit it would be up to the employee to prove that an implied right exists - it would not be up to the employer to prove that it doesn't
exist. An implied right by definition doesn't exist until it's been declared.
Which means that in the legal sense, the notice period is legally binding until proven otherwise.