Contract question

Escapees

My contract has the phrase 'you will receive one week’s notice and not the notice' in relation to my employer terminating my employment. What does the bit about 'not the notice' mean?!

Jim2007

Escapees wrote: »

My contract has the phrase 'you will receive one week’s notice and not the notice' in relation to my employer terminating my employment. What does the bit about 'not the notice' mean?!

You would need to post the full clause, it should only be interpreted in context.

Escapees

Jim2007 wrote: »

You would need to post the full clause, it should only be interpreted in context.

Sorry, see below:

"Temination of this agreement within the probationary period shall be at the discretion of the Company and in the event of such a termination you will receive one week’s notice and not the notice."

To me, it seems like a mistake or maybe that you get one weeks notice but do not actually work for that week, if the agreement is terminated?

dennyk

That looks like a typo; the sentence makes no sense as written. Could be there's some bit they've accidentally omitted. If you are concerned, I'd inquire with them as to the meaning and ask for an updated version with the correct wording there. One week's notice is the legal minimum until you've been there over two years, so they don't seem to be trying to get you to agree to an illegal notice period or anything.

Edit: After some searching, that phrasing appears to be from a boilerplate employment contract which normally reads:

...Termination of this agreement within the probationary period shall be at the discretion of the organisation and in the event of such a termination you will receive one week’s notice and not the notice period provided for in the clause entitled "Notice of termination" below...

so it's likely someone's accidentally deleted the last part of that phrase from your contract and the original intent was just to specify that the probationary notice period clause overrides the normal notice period clause in your contract.

Escapees

Thanks - that makes more sense!

OMM 0000

I also believe it's exactly as dennyk says.

Irish94

Just on this topic; If an employee hands in her notice of four weeks, and the company tells her she can finish up and pack her things after one week, do they still have to pay her up until the period of notice?

_Brian

Irish94 wrote: »

Just on this topic; If an employee hands in her notice of four weeks, and the company tells her she can finish up and pack her things after one week, do they still have to pay her up until the period of notice?

Contracts are often written that the employee must give more notice than tue employer. This fine as long as nothing impinges on the rights of the employee. A contract of work can not undermine your statutory rights.

dennyk

Irish94 wrote: »

Just on this topic; If an employee hands in her notice of four weeks, and the company tells her she can finish up and pack her things after one week, do they still have to pay her up until the period of notice?

Yes, generally, unless the notice period required from the employer when terminating the employee is shorter (e.g. because the employee gave a longer notice than required by their contract and/or the law, or because the employee's notice period requirements per their contract is longer than the employer's). The employee and employer could mutually agree to waive the notice period, though, and if they did, then the employer wouldn't be required to offer pay in lieu in that situation.

skallywag

Irish94 wrote: »

Just on this topic; If an employee hands in her notice of four weeks, and the company tells her she can finish up and pack her things after one week, do they still have to pay her up until the period of notice?

It depends on what she prefers here.

If she wants to be paid for the notice period then she is fully entitled to say that she wishes to work out her notice, at which point the employer can either say fine, work out the notice period, although it could result in her just sitting at her desk for the duration with nothing to do.

Alternatively, if it suits her anyway to leave after a week, then the notice can be agreed to be waived from both sides.

A third alternative is that the employer offers to pay out the notice period, but still would rather that the employee officially leave ASAP. This is the best situation usually for the employee of course.