Resigning complications - notice periods?
I want to resign from my job. I have been at the current company for eight months. Under statuatory law I'm only obliged to give one weeks notices as are they - however my contract says I'm expected to give 1 month but they can give me 1 week.
I have one weeks holiday booked 21st-28th August. I am due 5 days holiday to the end of August.
So two questions: If I resign now for a start date of 3rd september - can they force me to leave after 1 week with no pay thereafter?
Also is your notice period considered a period of time in which you can take annual leave that you are entitled to?
Please only reply if you know employment law.
Thanks
The basic rule of thumb in UK is 30 days of notice either way unless there is something to the contrary in your contract of employment, which seems to be your case.
If you depart as and when you wish, they will pull the rug and slam the door on you in one week. They want to get you off the pay-roll as soon as possible.
Bye-bye etc.
Best ever is getting a txt message saying 'You're fired'.
Got that boss - see you Monday in court you abstard!
Once you've given notice they cannot counter that with a notice of a shorter period. Your holiday is included in the notice period.
Answers:
As your contract states that you must give a month's notice, then you should do so. I don't see why they would counteract that with a week's notice - that clause is in the contract to protect them if they want to get rid of you for some reason.
Your employer does not have to grant your request for annual leave, but they need to pay you for it if you cannot take it. Your notice period is counted as just a normal working period.
What Country,State,County,Province or City.
Normal run is two weeks notice, so I dunno where that Statute is about one week. That is three questions.
Q1: (notice periods?)two weeks is standard
Q2 : Yes
Q3: Not usually, but that is in the contract
The statutory rights and responsibilities are always over-ridden by your contract provided it is not unfair. Thus the one month notice you have to give takes precedence over the one week statutory rule (which is a minimum).
If you give notice they cannot then sack you - your rights are protected by the contractual rule and you can take your leave as a notice period counts as working time.
They are entitled for security and similar reasons to pay you off for the whole notice period at once and send you home (= 'gardening leave').
If it is in yuor contract that notice period is 1 week, then that is all they need to give you. It is not unusual - some jobs are 24 hours!
As for annual leave. You will be entitled to the amoun in proportion of the number of moinths you have worked. ie if you work half the year, you will be entitled to half your annual leave. If you have days left over, you must be allowed it, however, they can insist that you take it at the end of your employment. So if you want to leave on the 10th and have 3 days oweing, you will be told to leave on the 7th. I doubt they will let you take the 3 days when you want but you can always ask.
You are definitely entitled to your leave and if they will not let you have, that is a tribunal offence. Just make sure that you get the numbers correct as you are onle allowed the proptional amount of leave of the year you have worked.
