Can a company hold you to your notice period?

Can a company hold you to your notice period?

Do you have to work your notice period? Yes, employees will normally be contractually obligated to work their notice period. But sometimes it’s not that simple. The statutory notice period for an employee who resigns is one week—if, that is, they’ve been working for you for one month or more.

An employer can set out a contractual notice period in the employment contract. If no agreement is reached, and you refuse to work the notice period required by your employment contract, you’ll be in breach of contract and your employer will not be required to pay your notice.

Can an employer set out a longer notice period?

An employer can set out in the employment contract a contractual notice period which is usually longer than the statutory notice period. As an employee you can try and agree a shorter notice period with the employer.

What happens if employee does not give 24 hour notice?

In the past, the employer could deduct one month’s salary from the final pay due to the employee, but in most instances the employee gives 24 hour notice the day after payday. Often there is no leave pay due so the employer cannot even deduct this. This means the employee leaves the employer high and dry without any way to recover losses, if any.

How long does an employer have to give you notice before paying you?

Or if your employer is giving you notice, then as an employee the statutory notice that you are entitled to depends on how long you have been continuously employed for. If you have been continuously employed for one month or more, but for less than two years, you are entitled to receive one week’s notice and pay.

Can a court force an employee to work their notice period?

Courts are unlikely to force staff to work their notice period. Equally, if you breach the employment contract, an employee might not need to work their notice period. With a PILON clause, you can end the employment before your leaver serves their notice, but you must pay them for their full notice period.

An employer can set out in the employment contract a contractual notice period which is usually longer than the statutory notice period. As an employee you can try and agree a shorter notice period with the employer.

Or if your employer is giving you notice, then as an employee the statutory notice that you are entitled to depends on how long you have been continuously employed for. If you have been continuously employed for one month or more, but for less than two years, you are entitled to receive one week’s notice and pay.

Courts are unlikely to force staff to work their notice period. Equally, if you breach the employment contract, an employee might not need to work their notice period. With a PILON clause, you can end the employment before your leaver serves their notice, but you must pay them for their full notice period.

Is it bad to have a 3 month notice period?

If the contracts you offer have long notice periods, you might actually deter new talent from wanting to join you. When someone decides to leave they don’t want to have to serve a three-month notice period. Our advice is to be smart with notice lengths.