Tweet
Re: Employment Question
taken from http://www.berr.gov.uk/employment/em...enbyanemployee
Rights to notice
Legislation gives the right both to employer and employee of a minimum period of notice of termination of employment, provided that the employee has been continuously employed for one month or more.
If a contract of employment gives the employer or the employee rights to longer notice than the minimum in the legislation, then the longer period of notice applies.
The legislation does not prevent either employers or employees from waiving their rights to notice or from accepting a payment in lieu of notice. Nor does the Act affect the right of either party to terminate the contract without notice if the conduct of the other justifies it. The question of whether termination without notice is justified depends on the circumstances of the individual case and in the event of dispute can be finally determined only by the courts or employment tribunals.
Where the right to minimum notice does not apply
The employee’s right to a minimum period of notice does not apply to:
A period of continuous employment forms the basic qualification for a number of individual rights under the employment protection legislation, including rights to notice and to receive a written statement of reasons for dismissal; each right has its own qualifying period. The document Continuous employment and a week’s pay sets out the method of calculating the period of continuous service.
Note: The period spent by trainees on certain (but not all) Government training schemes does not count towards a period of continuous employment because the trainees are not employees (that is, they are not working under a contract of employment). Further information and advice on this point may be obtained from any office of the Advisory, Conciliation and Arbitration Service, the addresses of which are given at the end of this document.
Notice to be given by an employer
An employer is required to give an employee:
An employee is required to give his or her employer at least one week’s notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service.
Legislation gives the right both to employer and employee of a minimum period of notice of termination of employment, provided that the employee has been continuously employed for one month or more.
If a contract of employment gives the employer or the employee rights to longer notice than the minimum in the legislation, then the longer period of notice applies.
The legislation does not prevent either employers or employees from waiving their rights to notice or from accepting a payment in lieu of notice. Nor does the Act affect the right of either party to terminate the contract without notice if the conduct of the other justifies it. The question of whether termination without notice is justified depends on the circumstances of the individual case and in the event of dispute can be finally determined only by the courts or employment tribunals.
Where the right to minimum notice does not apply
The employee’s right to a minimum period of notice does not apply to:
- anyone who is not an employee, for example an independent contractor or free-lance agent;
- a person employed as a seaman on a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State for Transport;
- Crown servants and members of the armed forces;
- generally, employees who have fixed-term contracts (see Fixed-term contracts).
A period of continuous employment forms the basic qualification for a number of individual rights under the employment protection legislation, including rights to notice and to receive a written statement of reasons for dismissal; each right has its own qualifying period. The document Continuous employment and a week’s pay sets out the method of calculating the period of continuous service.
Note: The period spent by trainees on certain (but not all) Government training schemes does not count towards a period of continuous employment because the trainees are not employees (that is, they are not working under a contract of employment). Further information and advice on this point may be obtained from any office of the Advisory, Conciliation and Arbitration Service, the addresses of which are given at the end of this document.
Notice to be given by an employer
An employer is required to give an employee:
- at least 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;
- at least 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 for a period of less than 12 years’ continuous employment; and at least 12 weeks’ notice if the employee has been employed by the employer continuously for 12 years or more.
An employee is required to give his or her employer at least one week’s notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service.
taken from http://www.berr.gov.uk/employment/em...enbyanemployee
I change jobs around every 2 years, always for more money, better prospects and a better job. Although my current job is cracking, I think I'll break my 2 year record this time!
)
he don't make things easy does he.
Comment