Minimum notice required by employee is 3 months’
Hi,
I’m hoping someone might be able to offer some advice regarding an employment contract.
My son, who is a young mechanic, recently signed a renewed employment contract without reading it thoroughly first, YES, a lesson he has certainly learned from. He has now qualified and has been offered an excellent new role elsewhere. However, upon reviewing his contract, we have discovered that it requires a three-month notice period.
My question is whether this is something that could realistically be challenged or negotiated without any financial Impact for him.
Fortunately, his new employer is willing to wait for him, but they would understandably prefer him to start sooner.
The relevant section of the contract is below:
Termination of employment
33.1 Your contract of employment may be ended by written notice as follows:
• Minimum notice required by employee is 3 months’ notice
• Minimum notice required by employer is 1 month notice
33.2 We reserve the right in our absolute discretion to pay you salary in lieu of notice.
33.2 33.3 Nothing in this Contract prevents us from terminating your employment summarily or otherwise in the event of any serious breach by you of the terms of your employment or in the event of any act or acts of gross misconduct by If you terminate your employment without giving or working the required period of notice you will have an amount equal to any additional cost covering
your duties during the notice period not worked deducted from any termination pay due to you. You will also forfeit any contractual accrued holiday pay due to you over and above your statutory holiday pay, if you fail to work the required notice.
I’d be grateful for any thoughts or experiences others may have had in similar situations.
Thank you.🙏