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Question Notice period for support staff

1 month 1 week ago #41591 by AndyG
Two part question regarding staff giving notice to the employer (not the other way around), the Gov site doesn't really help:
What is the legally enforceable notice period (contractual/salary/statutary)?
Is a variation in contractual notice period enforceable within an establishment? ie differing periods for some admin, for some suppoirt staff etc. who are doing similar jobs.

The question arises as some people are expected to give 3 months notice to the employer which they are seeing as "unfair" as few subsequent employers (especially non-education) will hold a job open for that long.

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1 month 1 week ago - 1 month 1 week ago #41593 by TecHKnow
In the absence of any wording in the contract then you need to turn to independent advice.

Check out the https://www.acas.org.uk/index.aspx?articleid=3968ACAS Website here . This gives good advice.

In practice, however, in all of the years I have studied Management, I have never come across any example of an employee being prosecuted for giving less notice than their contractual minimimum. If your contract said that you must give three months notice, if you decided to simply walk out "there and then", it would not be cost effective, or practical for your employer to take you to court to recover costs. Though do not expect them to provide you with a reference should you require one in the future!

So the question here is can you get this changed somehow in your employment contract? Any change to an employment contract has to be mutually agreed by both the emplyer and employee. Your employer can simply say no, and the reality is that would be very little you could do.

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4 weeks 12 hours ago #41613 by SteveKeys
If you've been employed for over 1 month, your only legal obligation is to give 1 weeks notice. Beyond that it becomes breach of contract which is a civil matter and as previously mentioned, it would be unlikely that would chase you for that, although you would be unlikely to get a good reference from them in the future.

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