Unclear Notice Period in Contract! Help Needed!

[theboycj1]

Hi all, I have received a job offer for a role that I really want to take but am confused about my notice period in my existing contract because it seems to be really unclear and poorly worded see below.:


"1.6 Notice Period


There will be an initial probationary period of three months, during which time one week’s notice will need to be given by either party to terminate the employment. Thereafter, one month’s notice from either party will be required.


1.7 Suspension


The Company may suspend you from working at any time or partly relieve you of your duties or may require you to carry out different duties and may exclude you from the Company’ premises and prevent contact with employees at work provided that throughout such period your salary and all other contractual benefits and your obligations hereunder during such a period of suspension shall continue.


1.8 Termination


a) You are to give the Company two months’ notice in writing of your termination of your employment;


b) The periods of notice to be given by the Company are as follows:


· During the first six months of employment: four week


c) In the following events the Company reserves the right to terminate your employment summarily:
· Your breach or non-observance of these terms and conditions of employment;


· Your serious misconduct or negligence;


· Your bankruptcy;


· Your conduct which may bring the Company into disrepute;


· Your conviction of an arrestable criminal offence (other than a road traffic offence);


· In the company’s reasonable opinion you become incapable because of mental disorders of performing your job.


In a) above, the Company reserves the right to pay compensation in lieu of any notice of termination of employment (subject to your duty to mitigate your loss), which it or you are required to give. For the avoidance of doubt, if you have received payment in lieu of notice, you will not be entitled to any additional compensation in respect of holiday that you would have during the period of the notice."


In addition, the offer letter that I received had the following wording:

"The first three months of your employment will be considered probationary. During this time one weeks notice will be in effect by either party. Upon satisfactory completion of this period 3 months notice from either side will take effect"

(I am fully aware that the offer letter is not a binding contract)

Can anyone please advise or help to understand what my notice period is from a legal perspective? I am sure my current employer will look to be as awkward as possible!

Any help offered would be most appreciated!

Cj

[ssparks2003]

Re: Unclear Notice Period in Contract! Help Needed!

I would give notice citing clause 1.6, somthing along the lines of "in line with my contract (clause 1.6) I hereby formally give you one months notice of my intention to leave empoyment of this company" they will proably get sniffy, but they will not have a leg to stand on since its their contract and their mistakes they wont go far.

[loulouxx]

Re: Unclear Notice Period in Contract! Help Needed!

I've never seen such a confusing contract. I had to write up 2 contracts for new staff and putting termination and leaving is unclear terms which I was to avoid.

Be aware that some companies may ask you to leave and not work your notice period in that case your still entitled to 4weeks notice pay. 2 of my old companies did that and because I didn't know I missed out and was never paid

[Tools]

Re: Unclear Notice Period in Contract! Help Needed!

In this case the contract would be known as "Contra proferentem" which means it should be interpreted against the draughtsman of the contract. This means that it is a disadvantage to the company and not you.

I agree with the advice given before me, 1 month notice should be given.