Notice question

SilverTongue · 23 May 2016 at 12:34

My wife has been offered a new job, this job would like her to start ASAP. She is currently coming to the end of her probation with current employer.

Reason for changing jobs is because she just doesn't enjoy the way the company operates. The industry she works in people who work for a company need to enjoy all aspects of the job otherwise it affects performance.

However today is a normal rota'd day off and she has checked her contract which sates she needs to give a weeks notice. Fair enough, however it also states that they will only accept notice in a letter, email will not suffice, and will only accept notice on a Monday. The problem being that it is a trek to work and I am currently laid up with a bad back with a little one to see to. Earliest she would be able to hand notice in would be tomorrow. This then causes the issue that new employer needs her to start before that notice would run out. (best part of 2 weeks)

Question really is here, can an employer refuse to accept notice on particular days or is notice served from the beginning of the following day as normal regardless of what contract states (thinking possible unenforceable term here)

Yamahahahahaha · 23 May 2016 at 12:42

If she hands it in on a Tuesday then it would be a reasonable expectation based on her contract that she would work at least 5 working days from handing in her notice.

I would suggest she contacts them via phone and email today with her intention to leave so they can start the administrative process and bring the letter to them first thing tomorrow.

An employer cannot refuse notice if it is by phone or email or not issued on a specific day but she is still required to work 5 working days from handing in her notice as defined in her contract. Holding her hostage for 4 working days is not going to be a productive use of anyone's time or good will.

SilverTongue · 23 May 2016 at 12:47

Yamahahahahaha said:
If she hands it in on a Tuesday then it would be a reasonable expectation based on the other contract that she would work at least 5 working days from handing in her notice.

I would suggest she contacts them via phone and email today with her intention to leave so they can start the administrative process and bring the letter to them first thing tomorrow.

An employer cannot refuse notice if it is by phone or email or not issued on a specific day but she is still required to work 5 working days from handing in her notice as defined in her contract. Holding her hostage for 4 working days is not going to be a productive use of anyone's time or good will.

brilliant thanks for that, it was what i was thinking. 1 weeks notice is 1 weeks notice whther handed in on a monday or tuesday

Yamahahahahaha · 23 May 2016 at 12:49

The best thing to do is to have a chat with them about it. She might not be enjoying the job but there's no point burning bridges either.

If they're not amicable to a discussion then 5 working days would be within the contract based on what you've said. If you're not sure then have a chat with a legal or HR professional - perhaps at the HR department at her new job?

pepp77 · 23 May 2016 at 12:53

SilverTongue said:
She is currently coming to the end of her probation with current employer.

Surely if she hasn't completed her probation yet then there is no notice required, she can just up and leave?

Yamahahahahaha · 23 May 2016 at 12:56

pepp77 said:
Surely if she hasn't completed her probation yet then there is no notice required, she can just up and leave?

It depends on the contract. In this case she has to serve a one week notice. From an employer's perspective you don't really want to keep someone around who doesn't want to be there but it usually takes a few days to find a temp to fill the role or to rearrange their work to other staff.

dowie · 23 May 2016 at 13:41

Yamahahahahaha said:
I would suggest she contacts them via phone and email today with her intention to leave so they can start the administrative process and bring the letter to them first thing tomorrow.

An employer cannot refuse notice if it is by phone or email or not issued on a specific day but she is still required to work 5 working days from handing in her notice as defined in her contract. Holding her hostage for 4 working days is not going to be a productive use of anyone's time or good will.

This

e-mail them today to give notice(so she has an audit trail showing that she did give notice this monday) and follow up with a phone call. Explain to them that she will be bringing in a formal written letter of resignation too. Just be polite/friendly about it - don't bother with any arguments if they're funny about it.

Date the letter today too and hand it in in person tomorrow.