Termination Of Contract

[titchy]

How many wks notice is everyone expected to give? When I seeked legal advice he said you can't make people give longer then a yr? Has anyone else found this?

[Cait]

It depends on how often you pay them I believe, so if you pay monthly, then a months' notice is required.

[HappyMaz]

How many wks notice is everyone expected to give? When I seeked legal advice he said you can't make people give longer then a yr? Has anyone else found this?

Would you really take a job where you needed to give a year's notice though? I don't know what I'm going to do next week, let alone next year.

 

We are paid monthly, and ask for six week's notice.

 

Maz

[titchy]

Would you really take a job where you needed to give a year's notice though? I don't know what I'm going to do next week, let alone next year.

 

We are paid monthly, and ask for six week's not

 

oops i meant to say a wk

[HappyMaz]

oops i meant to say a wk

Phew! Well we couldn't operate if staff members only had to give a week's notice - if one member of my staff resigned I'd probably be ok, but if two (bearing in mind there are four of us) then I'd be up the proverbial creek without a paddle because I couldn't possibly recruit replacements within a week.

 

Maz

[Inge]

it can be stipulated in contracts/ terms of employment as to how long notice needs to be... ours was 6 working weeks, so if a half term or holiday came in that time it was actually longer..

 

not unusual.. hubby is paid monthly with a 3 month notice required..

 

inge

[louby loo]

We have a situation/issues goin on at work at the moment.

In our contacts it says half a term - and I have told staff if they wish to look for other jobs they are not to hand notice in- and that if need be then one weeks notice will do. Quite frankly the way the owner is acting at the moment one day would surfice!!!! .....

 

I think I've heard that you can only ask for one week. Under normal circumstances I would like half a term - but lets face it if you've found a dream job then who knows what you'd do to get it!! Anyway forcing someone to workout 6 weeks notice might not be in the best interests of the setting.

[HappyMaz]

Anyway forcing someone to workout 6 weeks notice might not be in the best interests of the setting.

I agree. However I think the new employer has a responsibility here too. I would never expect a new employee not to work their notice before joining me because I know how difficult it is when a practitioner leaves without any notice. Also there is that old saying of 'what goes round comes round' - how could I expect them to adhere to their contract when they chose to end it later on if I had encourage them to break their agreement with their previous employer?

 

Ultimately it is almost impossible to enforce a notice period, especially as if you say louby loo, there is ill feeling because the person really wants to leave now.

 

Maz

[Inge]

but by leaving for that dream job without the required notice could cause issues if not done amicably..

 

many if not all employers ask for a reference from previous employer... I know not all give it and it can cause issues, but if you knew someone left with little notice how are you to know they will not do it to you as well... would send alarm bells ringing for me..

 

agreed better to have them leave than have a disgruntled employee... but what if that leaves you in the lurch and unable to open....?

 

Inge

[Guest jenpercy]

but by leaving for that dream job without the required notice could cause issues if not done amicably..

 

many if not all employers ask for a reference from previous employer... I know not all give it and it can cause issues, but if you knew someone left with little notice how are you to know they will not do it to you as well... would send alarm bells ringing for me..

 

agreed better to have them leave than have a disgruntled employee... but what if that leaves you in the lurch and unable to open....?

 

Inge

 

You can put it in your contract - but it is unenforceable - all you can do is take them to court to compensate you for any lossese you encountered bewcause they did not come in. You are not entitled to withold wages or holiday pay because they did not work out notice

[Gezabel]

You can put it in your contract - but it is unenforceable - all you can do is take them to court to compensate you for any lossese you encountered bewcause they did not come in. You are not entitled to withold wages or holiday pay because they did not work out notice

 

If an employment contract is unenforceable why do we have them?

I know terms can be changed by agreement between employer/employee such as someone handing in notice and the employer saying you can go now and here is a weeks/months wages in lieu of notice .

 

Surely if someone upped and left with no notice the employer can't be expected to pay them other than any wages due until the time they left???

 

You sound as though you are stating fact rather than opinion and I would be interested to know where I can find documentation about his - employment law is certainly not my strong point!

[Guest jenpercy]

If an employment contract is unenforceable why do we have them?

I know terms can be changed by agreement between employer/employee such as someone handing in notice and the employer saying you can go now and here is a weeks/months wages in lieu of notice .

 

Surely if someone upped and left with no notice the employer can't be expected to pay them other than any wages due until the time they left???

 

You sound as though you are stating fact rather than opinion and I would be interested to know where I can find documentation about his - employment law is certainly not my strong point!

 

I took advice after a member of staff left by just not coming in. I was advised that I had to pay her to the minute she left and holiday pay, but there is nothing else you can do, other than take them to court, AND prove that you were out of pocket by them leaving so that you could claim that their leaving had a real impact on you. I think that going after them for damages was what was suggested. Can't remember because I concluded that it would be a complete waste of time, and that contracts are unenforceable unless you are the employER who breaks them.

[Gezabel]

I took advice after a member of staff left by just not coming in. I was advised that I had to pay her to the minute she left and holiday pay, but there is nothing else you can do, other than take them to court, AND prove that you were out of pocket by them leaving so that you could claim that their leaving had a real impact on you. I think that going after them for damages was what was suggested. Can't remember because I concluded that it would be a complete waste of time, and that contracts are unenforceable unless you are the employER who breaks them.

 

Thanks for this

So the unenforceable bit is not being able to make staff work their notice. Whilst I can see a member of staff just walking out would cause problems for remaining staff I am not sure (though of course circumstances vary) I would want to insist they came back and worked their notice, think I would rather deal with the fall out.

 

I don't see how a setting would be out of pocket though but maybe I am having a thick day today If a staff member earning £X suddenly left then either someone else joins and is paid what the staff member would have had or maybe existing staff do extra hours to cover, either way it doesn't cost any more. I think holiday pay is 'built up' over time so whether they stayed or left the holiday pay is still due.

 

It does seem strange that for instant dismissal employers have to pay wages in lieu of notice but an employee can just walk out.

[Guest]

Hi All

 

In my expereince employment law is a minefield. I had real issues with a new employee and found the law was all on her side. The probationary period was worthless and unless I was very carefull how I handled the situation to stay within the exact letter of the law I could end up in trouble!!!!

 

If anyone does need advice ACAS are good and free.

 

Sally

[louby loo]

Thanks for this

 

 

I don't see how a setting would be out of pocket though but maybe I am having a thick day today If a staff member earning £X suddenly left then either someone else joins and is paid what the staff member would have had or maybe existing staff do extra hours to cover, either way it doesn't cost any more. I think holiday pay is 'built up' over time so whether they stayed or left the holiday pay is still due.

 

I suppose in a worst case senario - when the say the manager walked out on the same day the depty was off sick.. then you had to call an agency at short notice to get the higher level of staff needed...and they can't help...then you may have to close.......But you'd have to pretty unlucky to get to that situation!!!!!!!

 

xxx