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7 Interpretation of notice period

Simon | 0 Posts

22 Jul, 2021 16:14

Hi,

looking for some help, my colleague in the last week has been promoted internally to which a new contract was issued, he is not able to determine the actual notice period as the content is misleading

below an extract from the contract

6. Probation period

Your continuing employment is subject to the successful completion of a 3 month probationary period. During your probationary period you will be expected to establish your suitability for the continued employment within the role. The 1st review date will be 1 month after your commencement date.

If the company identifies that you do not meet the necessary requirements then we have the right to take appropriate action including terminating your employment with one weeks notice from either party.

22. Termination of employment

From employer = 3 months

From employee = 3 months

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Ray | 0 Posts

22 Jul, 2021 16:23

Badly worded... but given that para 6 covers the question of the probationary period, I would read it to mean that during the probationary period mutual notice is one week, and that if the probationary period is successful this rises to 1 month for either side (in accordanve with par 22).
The fact that there is a formal review after 1 month dosn't IMHO create an entitlement to a one month "get out of jail" card where nothing can happen until the first month is over.
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Keith | 0 Posts

22 Jul, 2021 16:28

What notice period was he on before the promotion and what length of service has he got (as notice from employer can't be below one week for every completed year of service up to 12)

As you say the contract is badly worded. It looks like this is an external offer badly adapted to an internal role

The best bet is to seek clarification from the employer as its better to do that now where there are no issues than if things turn bad later.

Ambiguity is usually found in favour of the employee but it would depend on all the wording around probation periods and termination and not just these sections
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Simon | 0 Posts

22 Jul, 2021 16:33

In reply to Keith:
Hi the HR manager has now left so he has no one to turn to at present.
reference previous notice it was 1 month
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Keith | 0 Posts

22 Jul, 2021 16:36

In reply to Simon:
Raise it with his new boss then - how long has he been there?
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Simon | 0 Posts

22 Jul, 2021 16:37

In reply to Keith:
Also to add, his contract for the new position starts from 01/08/21
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Simon | 0 Posts

22 Jul, 2021 16:37

In reply to Keith:
He has worked within his current role for 13 years
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Keith | 0 Posts

22 Jul, 2021 16:42

In reply to Simon:
In which case the employer (no matter what the contract says) can't give him less than 12 weeks notice as contract can never supersede employment law.

As long as there have been no breaks in that 13 years
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