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Interpretation of notice period

Simon

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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  • 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
  • in reply to Keith
    Also to add, his contract for the new position starts from 01/08/21
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