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Giving Termination Notice To An Employer

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Hi

 

Whenever I have worked for someone less than two years, I have always given the notice of one week. So if that day is a Monday (with no weekends), I worked my last day on the following Friday?

 

But someone assures me that if you hand in the notice of 1 week on a Monday, your last day is the following Monday?

 

If this is so, why haven't past employers mentioned this?

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Termination of work, period of notice, holiday pay etc. will all be in the contract between you and your employer.

Both are bound by this agreement.

Ask your union rep. first beforehand.

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45 minutes ago, Annie Bynnol said:

Termination of work, period of notice, holiday pay etc. will all be in the contract between you and your employer.

Both are bound by this agreement.

Ask your union rep. first beforehand.

That is if the O.P. has a union rep. I imagine the percentage of workers in the private sector belonging to a trade union will unfortunately  be quite low. 

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Posted (edited)
19 hours ago, Electerrific said:

Hi

 

Whenever I have worked for someone less than two years, I have always given the notice of one week. So if that day is a Monday (with no weekends), I worked my last day on the following Friday?

 

But someone assures me that if you hand in the notice of 1 week on a Monday, your last day is the following Monday?

 

If this is so, why haven't past employers mentioned this?

One week is seven days, not four. If I wanted to leave on a Friday (which was always the case) I put my notice in on the preceding Friday.

Edited by Jim Hardie

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Check your contract it will give you your notice period in there - on average it's usually around 4 weeks but that's not always the case so it's best to check

 

I recently had a case where my period was 3 months which I felt was a little unnecessary but I had signed the contract. You can always try and negotiate with your employer if you want to reduce or extend it for any reason - the least they can say is no just ensure any agreement is emailed/written. The company I worked for basically didn't want to know so I handed in my notice requesting a shorter period which kicked things off for negotiation and I managed to sort something out with them

 

If you leave early without notice/permission the company can pursue you for loss of earning and breach of contract since what you signed is legally binding - apparently it's very rare for a company to do this unless you have really screwed them over, are very high up or they really dislike what you've done but obviously this isn't recommended

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Posted (edited)
On 08/08/2019 at 23:05, Jim Hardie said:

One week is seven days, not four. If I wanted to leave on a Friday (which was always the case) I put my notice in on the preceding Friday.

Yes I know, it was the exact day that I was questioning. In some jobs, colleagues handed their notice in on Monday and left Friday- accepted by management.

On 14/08/2019 at 12:51, Tomm06 said:

Check your contract it will give you your notice period in there - on average it's usually around 4 weeks but that's not always the case so it's best to check

 

I recently had a case where my period was 3 months which I felt was a little unnecessary but I had signed the contract. You can always try and negotiate with your employer if you want to reduce or extend it for any reason - the least they can say is no just ensure any agreement is emailed/written. The company I worked for basically didn't want to know so I handed in my notice requesting a shorter period which kicked things off for negotiation and I managed to sort something out with them

 

If you leave early without notice/permission the company can pursue you for loss of earning and breach of contract since what you signed is legally binding - apparently it's very rare for a company to do this unless you have really screwed them over, are very high up or they really dislike what you've done but obviously this isn't recommended

Hi

 

Yes my contract said a week- I Googled for the week and most stated that it starts the next day after you hand your notice in.

Edited by Electerrific

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On 29/08/2019 at 20:19, Electerrific said:

Yes I know, it was the exact day that I was questioning. In some jobs, colleagues handed their notice in on Monday and left Friday- accepted by management.

Hi

 

Yes my contract said a week- I Googled for the week and most stated that it starts the next day after you hand your notice in.

I think thats the key issue - at my last resignation and my last firing - it was on the spot. Here's the termination notice,off you go home and we'll pay you as usual.

I've never "worked" a notice period in my entire career.

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On 29/08/2019 at 20:19, Electerrific said:

Yes I know, it was the exact day that I was questioning. In some jobs, colleagues handed their notice in on Monday and left Friday- accepted by management.

Hi

 

Yes my contract said a week- I Googled for the week and most stated that it starts the next day after you hand your notice in.

It does.  If handed in person, it is deemed to have started the following day.  So handing in on a Monday would be the Monday after unless mutually agreed otherwise.  

 

Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] is an interesting read for this (honest).  But basically it says that notice is served when the letter has been delivered and the receiver has had adequate time to read it.  When done in person (by letter or email) this is generally regarded as the following day (unless the person receiving is on holiday in which case its a bit more complex - give it someone else!!)

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On 29/08/2019 at 20:19, Electerrific said:

Yes I know, it was the exact day that I was questioning. In some jobs, colleagues handed their notice in on Monday and left Friday- accepted by management.

Hi

 

Yes my contract said a week- I Googled for the week and most stated that it starts the next day after you hand your notice in.

It depends on the management. Strictly speaking,  I think they could deduct 1 working day of salary  (the last Monday) from that person.

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As mentioned above, Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC 22 - basically notice is served then the receiving party has had time to read the correspondence and day one starts the following day.  So it you give your notice on Monday, and the notice period is 7 days, then final day is the following Monday.  Obviously, the employer can choose to mutually agree to finish earlier than this if you so request.

 

Mentioned case was quite a complex case involving someones pension rights that increased when she reached 50.  She needed 12 weeks notice but because she was on holiday when the notice was served, the Supreme Court decided that the day of reading the correspondence was on the day she returned from holiday.  This took her over her 50th birthday and with massive increase in pension.

Edited by MobileB

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