Contract and Resignation Query

[Cormac]

This isn't specific to 'web work' but is more of a general query.

I signed a 6 month contract with my current employer on the 12th of August. The initial 6 months are a probationary period. The contract states that you need to give 4 weeks notice if you wish to leave.

I was offered a position on Friday (better job ) to which I told my future employers I would only need to give two weeks notice to my current employers.

I informed my current employers of this and they reminded me that I had signed a contract which states that I need to provide 4 weeks notice. However, I thought that legally if you're working less than 6 months in any position that the legal requirement is 2 weeks notice.

If the contract I signed, which states that I need to give 4 weeks notice, does not conform to the minimum legal requirement of 2 weeks notice then is contract then void?

 

[mneylon]

I'd recommend you get legal counsel, however under the normal work legislation that I've been reading recently the 4 week notice thing cannot be reasonably applied while you are under a probationary period.

 

[davidbehan]

I've to think back a bit here but if I remember correctly an employment contract I signed had: 1 weeks notice for the first 3 months, 2 weeks notice for 6 months, 4 weeks notice for over a year. That worked both ways so the employer only had to give 1 week notice in the first 3 months and visa versa. Dunno about your situation or the legality of it all. I'd check with a solicitor as blacknight suggested!

Dave

 

[Cormac]

I think because of the time of the year I have a big advantage. There are only 3 working weeks left this year. So 4 weeks notice becomes 3 weeks notice and since i have holidays due to me i can turn 3 weeks to 2 weeks fairly easily...but technically no ...that isn't legit. They're not working days are they?

 

[Davthalas]

that seems to be right but it wouldn't hurt to sk for advice from a solicitor.