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Employment Question

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  • #16
    Re: Employment Question

    Rights to notice

    Legislation gives the right both to employer and employee of a minimum period of notice of termination of employment, provided that the employee has been continuously employed for one month or more.
    If a contract of employment gives the employer or the employee rights to longer notice than the minimum in the legislation, then the longer period of notice applies.
    The legislation does not prevent either employers or employees from waiving their rights to notice or from accepting a payment in lieu of notice. Nor does the Act affect the right of either party to terminate the contract without notice if the conduct of the other justifies it. The question of whether termination without notice is justified depends on the circumstances of the individual case and in the event of dispute can be finally determined only by the courts or employment tribunals.
    Where the right to minimum notice does not apply

    The employee’s right to a minimum period of notice does not apply to:
    • anyone who is not an employee, for example an independent contractor or free-lance agent;
    • a person employed as a seaman on a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State for Transport;
    • Crown servants and members of the armed forces;
    • generally, employees who have fixed-term contracts (see Fixed-term contracts).
    Continuous employment


    A period of continuous employment forms the basic qualification for a number of individual rights under the employment protection legislation, including rights to notice and to receive a written statement of reasons for dismissal; each right has its own qualifying period. The document Continuous employment and a week’s pay sets out the method of calculating the period of continuous service.
    Note: The period spent by trainees on certain (but not all) Government training schemes does not count towards a period of continuous employment because the trainees are not employees (that is, they are not working under a contract of employment). Further information and advice on this point may be obtained from any office of the Advisory, Conciliation and Arbitration Service, the addresses of which are given at the end of this document.
    Notice to be given by an employer

    An employer is required to give an employee:
    • at least one week’s notice if the employee has been employed by the employer continuously for one month or more but for less than two years;
    • at least two weeks’ notice if the employee has been employed by the employer continuously for two years’ and
    • one additional week’s notice for each further complete year of continuous employment for a period of less than 12 years’ continuous employment; and at least 12 weeks’ notice if the employee has been employed by the employer continuously for 12 years or more.
    Notice to be given by an employee


    An employee is required to give his or her employer at least one week’s notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service.




    taken from http://www.berr.gov.uk/employment/em...enbyanemployee

    Comment


    • #17
      Re: Employment Question

      Ooooooo Playboy. Been a while since I worked there. :carrot: (not a reference to anything)

      :roll::roll::roll::roll::roll:

      Comment


      • #18
        Re: Employment Question

        My last resignation letter was simple.

        Originally posted by Paradox
        Dear Sir.

        Please accept this letter as written notice of my intention to leave the company.

        My last day will be xx/xx/xx.

        Thank you for the oppourtunity you have given me.

        Yours Faithfully

        Paradox.
        Keep it simple, the less info you give, the better.

        Yes Phoenix, I have I change jobs around every 2 years, always for more money, better prospects and a better job. Although my current job is cracking, I think I'll break my 2 year record this time!

        Comment


        • #19
          Re: Employment Question

          Simple is best, bit like me :kiss:

          So basically the statutory period of notice, if employed for more than a month yet less than 12 months, is one week.
          But if your contract states you need to give one Month, you have to give one month.
          That can't be right.





          Paradox

          Wot you do? and where you workin? I'm currently looking for a job.

          Comment


          • #20
            Re: Employment Question

            I'm a sales rep, workin in North Yorkshire (Near Leeds.. Yes i know, Leeds is West Yorkshire )

            Comment


            • #21
              Re: Employment Question

              Lol paradox, the longest i have stayed in a job is 4yrs but thats only because i loved it so much!
              I get itchy feet

              Comment


              • #22
                Re: Employment Question

                he ain't got a copy of the contract so doesn't know if there is a provision for an extended notice period or not. he don't make things easy does he.

                gonna keep it so simple just like Paradox letter but no idea of last day of work.

                Tried sales before, working for british gas....yeah you got it... the irritating door knockers, excellent money though.

                Comment


                • #23
                  Re: Employment Question

                  Originally posted by thephoenix View Post

                  gonna keep it so simple just like Paradox letter but no idea of last day of work.
                  Make sure you spell 'opportunity' correctly then.

                  Comment


                  • #24
                    Re: Employment Question

                    Damn yank auto spell corrector msl:

                    Comment


                    • #25
                      Re: Employment Question

                      As an emplyee, you have no rights backed by the Employment tribunal or ACAS unless.
                      You have a minimal of 6 months work, with 1 years agreed contractual service agreemnet, and you need to file a complaint, no more than 3 months after the termaination

                      Comment

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