Periods of notice

[mifta]

I have worked for my current employer for 13 months and I am looking to move on. My contract does not state a notice period from me to them, although it does say that after one years service I am entitled to 4 weeks notice from them. Should I expect to give them 4 weeks as well?

[anniebird]

If your contract does not state a notice period it is normally the same as your pay period. When you are paid weekly you give one weeks notice and when paid monthly you give one months notice.

[LR101]

The simple answer is yes, if 4 weeks is stipulated then it applies to either party. If either party ignores the notice period then the employment contract has been breached.

Depending on your relationship with your employer you could try to negotiate a shorter period when you resign; however you should not agree to a start date with your new employer without first agreeing this. Generally, most employers will be willing to negotiate (they're not all ogres!) as it's often not in their interest to enforce the notice period unless your role is business critical. Nor is it likely they would pursue you legally if you did decide not to complete the notice period.

You should however bear in mind that if you do leave without working your notice period (and your employer has little recourse to force you to work your notice period) it would be you who has breached the employment contract and this information can be provided in future references: surely not something that you would really want a future employer to see.

[LR101]

The simple answer is yes, if 4 weeks is stipulated then it applies to either party. If either party ignores the notice period then the employment contract has been breached.

Depending on your relationship with your employer you could try to negotiate a shorter period when you resign; however you should not agree to a start date with your new employer without first agreeing this. Generally, most employers will be willing to negotiate (they're not all ogres!) as it's often not in their interest to enforce the notice period unless your role is business critical. Nor is it likely they would pursue you legally if you did decide not to complete the notice period.

You should however bear in mind that if you do leave without working your notice period (and your employer has little recourse to force you to work your notice period) it would be you who has breached the employment contract and this information can be provided in future references: surely not something that you would really want a future employer to see.


And the answer above from anniebird is not correct, see the below link to ACAS which may also help you...

http://www.acas.org.uk/index.aspx?articleid=11 21

[Thunderchild]

an amicable agreement is always best no need to leave it to the last minute unless you have good reason I'm sure you boss would like as much time as possible to recruit a new person

[mifta]

Thanks for the replies, I feel myself that I would want to give reasonable notice.