Notice Period

[Andrew1969]

Hi- wondering is anyone can shed light on the notice period in this line. In the contract is says

"notice period will be three months on each side, except in the case of dismissal it will be 12 months by the company'
Does that mean if the company wants to dismiss the person they have to give 12 mths notice? confused!

thanks in advance

 

[Mr D]

In the event someone needs to be got rid of they will pay outstanding holiday plus 12 months notice pay?
Very, even exceedingly, generous employer.

 

[Newchodge]

Very weird wording. How can the employer terminate the employee contract except by dismissal? So the employer can never give 3 months' notice.

 

[nelioneil]

Whatever you do, I would not sign the contract!

 

[Andrew1969]

thanks guys- this is actually in my contract for a job im considering leaving- though it was extremely strange

 

[Andrew1969]

Very weird wording. How can the employer terminate the employee contract except by dismissal? So the employer can never give 3 months' notice.

yes very strange!! i think they may have made a mistake...but could i hold them to it?

 

[obscure]

yes very strange!! i think they may have made a mistake...but could i hold them to it?

Yes of course. Legally notice whatever is agreed in the contract provided it is not less than the statutory minimum. They have signed a contract with 3 months notice on your part and 12 months on theirs.

 

[kulture]

It also gives you the opportunity to negotiate a shorter notice period if you want.

 

[Newchodge]

Is there anything anywhere else in the contract that defines 'dismissal'?

 

[Andrew1969]

Is there anything anywhere else in the contract that defines 'dismissal'?

no this was sent over as part of the offer letter- which is the only document i have received from them. I would like to take this to a lawyer but am not sure what the process would be here- would i need to pay for them to take a look over and advise?


thanks again for all the comments

 

[Newchodge]

If you are leaving, what do you need advice about?

 

[Andrew1969]

If you are leaving, what do you need advice about?

i am wondering if i can force their hand! As the role is underscrutiny because of budget cuts there may be the opportunity that they would let me go

 

[kulture]

You have to wonder if your contract is the only one like that. If everyone has that contract then any redundency costs will be high.

 

[ethical PR]

no this was sent over as part of the offer letter- which is the only document i have received from them. I would like to take this to a lawyer but am not sure what the process would be here- would i need to pay for them to take a look over and advise?


thanks again for all the comments

Of course you would have to pay a solicitor to look over the contract. Surely you don't think they would give you their professional legal opinion for free?