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[Gaffers]

I have been looking over my work contract and noticed a discrepancy.  It seems that instead of stating periods of X months after the start of employment I would have to give 1/2/3 months notice etc, they (or should I say the outsourced HR company here in the UK) have instead gone by date periods.  They have, I think, messed up on the dates and left a year between the step up from 2 months to 3 months notice.  Previously it did say that after the probationary probationary period the notice would be 1 month thus I think that as I now stand in my contract (on this day) I can get away with only giving 1 months notice to my employers

Here is the wording:

TERMINATION

During the Probationary Period, you are required to give and entitled to receive one week's written notice to terminate your employment.

On successful completion of the Probationary Period and up to 15 July 2014, you are required to give the Company and save in cases of summary dismissal, you are entitled to receive one month's written notice of termination of your employment.

From 16 July 2014 and up to 15 July 2015, you are required to give the Company and save in cases of summary dismissal, you are entitled to receive two months' written notice of termination of your employment.

From 16 July 2016, you are required to give the Company and save in cases of summary dismissal, you are entitled to receive three months' written notice of termination of your employment.

I have a really good potential opening which is only 20 mins from home, instead of working on the continent.  This could be an interesting one

[Marks DTM Calib]

Bit of a loop hole there!

I could see a tribunal forcing the two months though.....

[Gaffers]

Bit of a loop hole there!

I could see a tribunal forcing the two months though.....

I thought an employment contract, where no breach of the law exists, agreed by both parties was absolute?

[Marks DTM Calib]

Yes it is but it also does not allow the assumption that, even due to a clerical error, that the term would drop for a period and hence the two months......contract or not, its the 'reasonable' part that would most likely be considered (in my experience)

[Gaffers]

Interesting.  Thanks for the feedback

[Rods2]

I think it should be taken as read, as in my experience, which was with a contract that ended up at a court of appeal, the three judges took the interpretation of the wording as is, not what somebody would like it to be and in your case it states from the 16th July 2016 you are required to give 3 months notice.

IMO I think they would be on stronger grounds if they had spotted the error and corrected it before you gave notice, not them trying to argue afterwards. Make sure when you hand in your resignation that you state you are giving two months notice as per your contract. IME in reality at the best of times it is very difficult to enforce notice periods and the reality is how motivated are you going to be if they try to force you to work the extra month! With computer programmers I generally let them go at the first mutually agreed date for this reason, once somebody had handed in their notice. This approach was good for code integrity and team morale.

[STEMO]

I agree Rods, but.......let's say Matt approaches his employer and puts it to them that he wants to take up a new position but it has to be within two months. They refuse and say he must give three months notice. He doesn't get to take the job, and his card is marked.

[Rods2]

I agree Rods, but.......let's say Matt approaches his employer and puts it to them that he wants to take up a new position but it has to be within two months. They refuse and say he must give three months notice. He doesn't get to take the job, and his card is marked.

In IT it tends not to work like that, as good people are always in short supply. It is a bit like Sterling at Liverpool, did Man City not snap him up despite his dubious attitude in his final months at Liverpool.

Thinking about the contract a bit more and playing devil's advocate, how is Matt meant to know which of the dates is wrong? It could be the 15th July 2015 should be 15th July 2016!

[aaronjb]

Crikey .. I hope you're well into six figures before bonus if you have to give three months notice!

[edit] As our place is one months notice for all positions, AFAIK, and I thought that was pretty standard in IT unless you're VP/SVP/CTO level. Of course, maybe you are (in which case where's the Tesla?  )

[Lazydocker]

I would suggest a tribunal would rule 2 months notice too... If you come to put in notice you may be able to negotiate on it though 

[Gaffers]

Thats why i am looking elsewhere Aaron, i bring in buttload of wonga for the company and the deal was that some of it gets reinvested on the uk side to assist in our growth (direly needed as i the uk boss work full time in another country) or comes in the way of dividends/bonus.

I have seen neither, instead all the money has to gone to propping up the french side.  i even requested just a couple of grand for some marketing databases which would have been useful but all rejected....so.....

And i know they wont go to tribunal.  We had another employee by the short and curlys but they still paid him off to leave. 

I read the situation as both ways.  Lets say they wish to get rid of me, they could right now theoretically give me just 4 weeks and be off with you.

[pscocoa]

As said 2 months unless they produce other evidence where the system was set out and you clearly agreed this giving weight to the typo argument. I would expect them in any case to go with 2 months. Shame you do not have more arguments for constructive dismissal - if you had strong grounds you could chance it and be off tomorrow

[LFF64]

Looking at this. I read it as they have to give you the notice if they want to terminate your employment ,it's not what you need to give them 

[Gaffers]

As said 2 months unless they produce other evidence where the system was set out and you clearly agreed this giving weight to the typo argument. I would expect them in any case to go with 2 months. Shame you do not have more arguments for constructive dismissal - if you had strong grounds you could chance it and be off tomorrow

I have strong grounds for discrimination against my current client but nothing against my employers.

I would burn all my bridges on the continent if i did anything about it though .

[the alarming man]

I have just been through this with ACAS you termination period goes on your pay frequency. SO if you are paid weekly you or employer give each other a weeks notice if you are paid monthly you give a month. IF it went to tribunal because your contract state 2-3 mnths (as mine did) it would be ruled as that length of time is unreasonable and could never be enforced