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Is this part of my contract legal?

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  • Is this part of my contract legal?

    I work in the Scotland and this is part of my contract, can I be forced to give 12 months notice when the employer only has to give a 3-4 weeks?

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    TERMS OF APPOINTMENT

    • The Employee is obliged to give the company twelve months’ written notice of their intention to terminate the employment.


    • The length of notice which the Employee is entitled to receive from the company to terminate their employment is two weeks’ until you have been continuously employed for two years, thereafter your notice entitlement increases by one week for each year of continuous employment up to a maximum of 12 weeks’ notice once you have completed 12 years continuous employment.
    Tags: None

  • #2
    Re: Is this part of my contract legal?

    Blimey 12 months?? That's surely a typo? (Now watch someone pop along and prove I'm a plonker and it really is 12 months) msl:

    Comment


    • #3
      Re: Is this part of my contract legal?

      It can't possibly say that (12 months) - if it does, and that's considered fair contractually, I'll pull radishes with the Queen (any Queen):tinysmile_aha_t:

      Comment


      • #4
        Re: Is this part of my contract legal?

        In short, yes. An employer can specify a notice period longer than the statutory period. This is particularly common in the Engineering Sector or Armed Forces.

        However, should you wish to leave before that period you could always negotiate with your employer, taking into account any accrued holiday entitlement etc.

        At the time of signing your contract, you had the opportunity to either accept, reject or re-negotiate this term. I assume you simply accepted, meaning you are in fact bound by it legally.

        Are you intending to leave in the next 12 months or was it just a general question?
        Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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        Comment


        • #5
          Re: Is this part of my contract legal?

          How much notice would the Employee be expected to give should they die?

          Might their estate be sued for not having given the requisite twelve calendar months of an intention to die?

          Comment


          • #6
            Re: Is this part of my contract legal?

            One would have to be Mystic Meg to be able to see a whole year into the future surely?
            If it is ,in fact,correct..it's flabbergasting
            Are you a member of a Union? If not..it won't hurt to give ACAS a call.

            (If someone would kindly pop a linky to ACAS up I'd be grateful)

            Comment


            • #7
              Re: Is this part of my contract legal?

              erm... www.acas.org.uk ?
              Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

              IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

              Comment


              • #8
                Re: Is this part of my contract legal?

                Thanks Tools........it was 6.29am..my eyeballs and brain couldn't synchronise

                Comment


                • #9
                  Re: Is this part of my contract legal?

                  Originally posted by Inca View Post
                  Thanks Tools........it was 6.29am..my eyeballs and brain couldn't synchronise
                  Too much blood in your body's caffeine circulation?

                  Comment


                  • #10
                    Re: Is this part of my contract legal?

                    !2 months notice period is not all that unusual.
                    If firms are to win large engineering contracts, for example, that can take several months from design to commissioning, clients often require evidence that the bidding companies not only have the expertise, but will retain it for the duration of that contract.
                    If you have a contract with a long notice period read here:
                    http://career-advice.monster.co.uk/i...d/article.aspx

                    The short answer to the original question is YES.

                    Comment

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