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I have a feeling that my BPP book has made a mistake explaining the minimum period of notice to end an employment contract. This is what they say.
(a) An employee who has been continuously employed for one month or more but less that one year is entitled to not less that one week’s notice.
(b) An employee who has been continuously employed for two years or more but less that twelve years is entitled to one week’s notice for each year of continuous employment.
(c) Any employee who has been employed for twelve years or more is entitled to not less that twelve week’s noticeRegarding (a), do they not mean “less that two years”? Otherwise, they haven’t explained what happens if you’ve worked more than a year, but less than two years.
Regarding (c), should it not say “is entitled to not more than twelve week’s notice”?
I can’t help feeling they make it sound more complicated than it should!
@neilsolaris
LOL…yeah they make it more complicated than it is….Basically between 1 month and 2 years it’s one week’s notice (minimum). Between 2 and 12 years it’s one week for number of years (so 4 yrs = 4 weeks, 6 years = 6 weeks etc.) After 12 years u should get a minimum of 12 weeks. So you can actually get more than 12 weeks’ notice. The statute gives the statutory minimum so employers are free to give more time if they want to 🙂Hope that helps.
Hi stasi, many thanks for clarifying it for me.
Before I posted my message I had a quick look at the government website, and they phrased things slightly differently than the BPP book, and more in line with what you said. The only slight difference is with the 12 years rule. They said:
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
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, up to a maximum of 12 weeks
An employer can include longer periods of notice in the employment contract.Maybe I should phrase it to “12 years continuous employment or more entitles the employee to a statutory minimum and maximum of 12 week’s notice, but longer notice may be given subject to the employment contract”?!
@neilsolaris
You’re welcome 😀“12 years continuous employment or more entitles the employee to a statutory minimum of 12 week’s notice, but longer notice may be given at the employer’s discretion”
@stasi said:
@neilsolaris
You’re welcome 😀“12 years continuous employment or more entitles the employee to a statutory minimum of 12 week’s notice, but longer notice may be given at the employer’s discretion”
Thanks Stasi. Yes, that is what it says in the BPP book but it contradicts the information on the government website, which states that 12 weeks is the maximum notice given by statue (which can be extended by the employer). Unless I’m missing something, if it said minimum then (a) that should be implied from the second rule and (b) if an employer has been working for 13 years continuous service, that would mean that he would be statutorily entitled to 13 week’s notice, which I understand is not the case. So it seems to me that the word maximum is more accurate, unless I’ve misunderstood it, which is very possible!
a 12 year employee is entitled to a maximum 12 weeks as of right. 13 years is still a maximum statutory entitlement. However, a company can award more! But if they choose to, that’s their decision. An employee may claim only a maximum of 12 weeks as of statutory entitlement
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