| Legal query on handing in notice 16:53 - Jul 14 with 1476 views | gtsb1966 |
The other half got a part time job a few months ago and signed a contract which said she is hourly paid and only has to give a weeks notice. She was then made up and salaried but was never given a new contract to sign . She handed in her notice this week and gave them 12 days notice. Her manager is insisting she has to give a months notice because she has since been salaried. Who is correct? |  | | |  |
| Legal query on handing in notice on 16:57 - Jul 14 with 1428 views | FrimleyBlue |
Is she sure the contract didn't show a change in notice period following probation. That's usually the first thing.
If defo not and no changes to terms etc were made when she changed. Then imo the employer is wrong. All depends on the wording and if any subsequent emails were sent to which your other half agreed to.
Only answering as I had this situation last year. |  |
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| Legal query on handing in notice on 16:59 - Jul 14 with 1418 views | STYG |
It depends.
How did they offer her the change of role (verbally or in writing), did she reply in writing to show that she'd accepted this position, has she been paid since the change?
Technically speaking there should be a signed agreement or contract in place, but if she's clearly been aware of the changes, acknowledged these and been happy to accept the favourable aspects of these new terms (eg the salary) it would be unreasonable to then refuse to accept the terms that are now not as convenient.
Then comes down to what the potential fall out if of leaving with improper notice. Will they stop the final pay? Likely. Will they take legal action? Unlikely. Will she feel morally obliged to comply or not care if she's effectively broken the terms of a knowing agreement. |  | | |
| Legal query on handing in notice on 16:59 - Jul 14 with 1411 views | WD19 |
If she took the money for the 'new' role (or any other benefit) then she accepted the contract whether of not she signed a bit of paper.
That said, what are they actually going to do if she just walks out? |  | | |
| Legal query on handing in notice on 17:01 - Jul 14 with 1389 views | gtsb1966 |
| Legal query on handing in notice on 16:57 - Jul 14 by FrimleyBlue |
Is she sure the contract didn't show a change in notice period following probation. That's usually the first thing.
If defo not and no changes to terms etc were made when she changed. Then imo the employer is wrong. All depends on the wording and if any subsequent emails were sent to which your other half agreed to.
Only answering as I had this situation last year. |
The only documentation she has ever received was the original contract which states she is hourly paid and only has to give a weeks notice. When she was made up and salaried no communication by letter or email was had. She was just verbally asked if she wanted to do it . | | | |
| Legal query on handing in notice on 17:03 - Jul 14 with 1369 views | HARRY10 |
My thought is that what contract there is, is binding.
Assumptions count for nothing
Make sure it is writing, and maybe try
Acas helpline
Telephone: 0300 123 1100
Monday to Friday, 8am to 6pm
'(Acas) is a Crown non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong industrial relations practice. Acas provides employment law and employment relations advice for employers and employees through its website and helpline. It also offers dispute resolution services such as arbitration or mediation, although the service is perhaps best known for its collective conciliation function — that is resolving disputes between groups of employees or workers, often represented by a trade union, and their employers.
Acas is an independent and impartial organisation that does not side with a particular party, but rather will help the parties to reach suitable resolutions in a dispute. '
good luck | | | |
| Legal query on handing in notice on 17:05 - Jul 14 with 1349 views | STYG |
| Legal query on handing in notice on 17:01 - Jul 14 by gtsb1966 |
The only documentation she has ever received was the original contract which states she is hourly paid and only has to give a weeks notice. When she was made up and salaried no communication by letter or email was had. She was just verbally asked if she wanted to do it . |
In which case she can potentially argue that she never knew about the new leaving notice, even if she did, but only the salary and there's not much they can do about it at all. But they may well withhold outstanding payments if they are that way inclined under the guise of 'what's she going to do about it'.
If they do, is she going to spend hundreds or maybe thousands of pounds pursuing them through the courts for an amount likely to be less than the outlay?
If she genuinely didn't know and hasn't been told, then likely they are trying it on to ensure cover and she's within her rights to state she's never been told and will be leaving as expected unless they can give her evidence to the contrary, but to try and resolve it amicably. | | | |
| Legal query on handing in notice on 17:05 - Jul 14 with 1351 views | Sparky85 |
Agree with most that has already been said.
If she knew it was a move to a month's notice when she accepted the employment change, then there is an argument to say she accepted all terms of the 'offer', including notice period. Still a grey area if there is no formal contract been signed.
If however, the change was offered and no comments etc made about the notice period, then she would remain on the contracted notice period until agreed otherwise. I would check to see fi there is anything in writing.
I was moved from 1 month to 3 months on a recent promotion. No revised contract was given but I did have to sign an addendum to my current contract which confirmed all changes. | | | |
| Legal query on handing in notice on 17:07 - Jul 14 with 1328 views | homer_123 |
If no new contract was signed then the weeks notice applies. |  |
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| Legal query on handing in notice on 17:07 - Jul 14 with 1323 views | FrimleyBlue |
| Legal query on handing in notice on 17:01 - Jul 14 by gtsb1966 |
The only documentation she has ever received was the original contract which states she is hourly paid and only has to give a weeks notice. When she was made up and salaried no communication by letter or email was had. She was just verbally asked if she wanted to do it . |
Yep same myside
Personally I said as much to my then manager and they accepted it and admitted they should have asked for a new contract to be signed or at least an email or even a discussion which they didn't.
Of course it's up to your other half what they do. But I would personally politely explain that at no point they agred to any additional notice period and in fact was trying to help more by timing more notice than required. | |
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| Legal query on handing in notice on 17:10 - Jul 14 with 1300 views | gtsb1966 |
| Legal query on handing in notice on 17:05 - Jul 14 by Sparky85 |
Agree with most that has already been said.
If she knew it was a move to a month's notice when she accepted the employment change, then there is an argument to say she accepted all terms of the 'offer', including notice period. Still a grey area if there is no formal contract been signed.
If however, the change was offered and no comments etc made about the notice period, then she would remain on the contracted notice period until agreed otherwise. I would check to see fi there is anything in writing.
I was moved from 1 month to 3 months on a recent promotion. No revised contract was given but I did have to sign an addendum to my current contract which confirmed all changes. |
She wasn't communicated anything. Just asked if she would like the job and this is the pay. No changes to her original contract were discussed, given in writing or emailed. As far as she was aware the notice period was the same. I've seen the original contract and it says nothing about promotion, salaried staff and period of notice for salaried staff hence her ignorance when giving notice this week. Cheers for the replies all. Much appreciated. | | | |
| Legal query on handing in notice on 17:52 - Jul 14 with 1169 views | factual_blue |
If she punches her manager, she'll be able to leave immediately.
Sorted. |  |
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| Legal query on handing in notice on 19:19 - Jul 14 with 1027 views | Charlie_pl_baxter |
| Legal query on handing in notice on 17:10 - Jul 14 by gtsb1966 |
She wasn't communicated anything. Just asked if she would like the job and this is the pay. No changes to her original contract were discussed, given in writing or emailed. As far as she was aware the notice period was the same. I've seen the original contract and it says nothing about promotion, salaried staff and period of notice for salaried staff hence her ignorance when giving notice this week. Cheers for the replies all. Much appreciated. |
It's quite possible this is about her manager trying to convert that they never sorted her contract properly. |  |
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| Legal query on handing in notice on 19:35 - Jul 14 with 997 views | BiGDonnie |
Threaten them with violence. |  |
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| Legal query on handing in notice on 19:37 - Jul 14 with 993 views | FrimleyBlue |
| Legal query on handing in notice on 19:35 - Jul 14 by BiGDonnie |
Threaten them with violence. |
Good to see your therapy is working well.  | |
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| Legal query on handing in notice on 19:40 - Jul 14 with 981 views | BiGDonnie |
| Legal query on handing in notice on 19:37 - Jul 14 by FrimleyBlue |
Good to see your therapy is working well. |
STFU | |
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| Legal query on handing in notice on 17:20 - Jul 15 with 738 views | gtsb1966 |
Update: she rang the head office HR dept this morning. As far as they were concerned they didn't have her down as doing the job she was doing and had it still as the previous employee. No paperwork whatsoever. She can now leave on good terms as the company messed up. Thanks all. | | | |
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