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How many weeks notice??

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toonmilo | 11:32 Mon 06th Aug 2012 | Law
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I am about to terminate my employment with the company i have been with for 17 years. How many weeks notice should i give??
The terms and conditions of my contract say i should give 2 weeks notice for 3 years service and then add 1 week on for every years service up to a maximum of 12 weeks. Obviously this says i have to give 12 weeks notice. However, this contract i have is from a job title i held about 8 years ago. Since then, my job title has changed twice within the company but no knew contract has been issued. Do i still have to adhere to the 12 week notice period rule??

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Question Author
Sorry, just re read my contract, the 12 week period is if THE COMPANY wish to terminate my employment. It says minimum of one weeks notice if i choose to do it.
Well, there's your answer then 2 weeks for 3 years then 14 lots of 1 = 17 weeks

Not having a new contract doesn't mean you dont have one nor that the original was made null and void just because you got a new title

You could try ACAS or your union if you're in one
Seems excessive though.
I suppose it depends on your level of seniority and whether you want to keep good relations with this company. Are you taking up a new job?
Unless you have been notified to the contrary the notice period will be as per your original contract.
It looks as if you have to give only 1 week. That seems a bit low though.
Statute lays down minimum notice periods for the termination of employment, after 17 years your employer must give you the maximum of 12 weeks notice. For you to give notice to your employers the notice period is one week as you have noted. These are the minimum periods in Law but they may be increased by agreement. The period of notice should be specified in the contract of employment but if not, there is an implied term that the contract may be terminated upon reasonable grounds (English law likes you to be reasonable). The usual definition of reasonable is Lord Devlin’s famous “man on a Clapham omnibus”, in negligence it is based on what a reasonable person might do considering all circumstances with a lower standard from a child and higher standard from a professional.

You may wish to consider:
What is normal in your trade/profession.
Your seniority, age and remuneration
How long it may take to replace you.
What is reasonable to expect from you.
Question Author
Thanks for the input guys. My contract does say i only have to give one week. As i am willing to help out in a transistion process i have officially now given 4 weeks notice, before i start my new job on Sept 3rd

Thanks again :-)
Good luck in that job!
Question Author
Thanks :-)

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