Unfair Contract Clause

[Iggle Piggle]

If someone must give 1 month notice to leave a job but the job is allowed 1 week notice to release a staff member, this appears immediately unfair, comments?

[TonyV]

All depends on what contract of employment says, may seem unfair, but both employer and employee new what they were signing up to.

[Zacs-Master]

There’s no such thing as an unfair contract Claus. If you’ve read through the job contract and accepted the job, it follows that you accept all clauses in the contract.

If you think any part of the contract is unfair, don’t take the job.

[Old_Geezer]

I'm unsure about there being no such thing as an unfair clause. Some can seem fair enough at the time, but later one might find a way of using an innocuous one to justify something that wouldn't have been envisaged at the time as it was against the spirit of the reason it was apparently there and unlikely to be spotted as such at the time.

Meanwhile, fair or not, you're probably stuck with it.

[Zacs-Master]

You’re perfectly entitled to your opinions, OG. However naive.

[Maydup]

In theory there should either be a lengthy procedure regarding performance, or redundancy that results in dismissal and legal notice period given, but it can happen that the employer just lets people go with a weeks notice. Especially if work dries up.

But equally in reality there is little an emlpoyer can do if an employee walks out on them or just gives them one week's notice regardless of contract.

Has it happened to you?

[TonyV]

Maydup only issue is if you want a reference from your previous employer in the future.

[Old_Geezer]

You sat naive, i, being more reasonable say, it's just stating the obvious. I suspect you've never fallen victim to a company using their legal department to find a loophole allowing them to walk over the legitimate protests of the little guy. Nor had a lawyer tell you that you have a case but the odds are against it, do you want to spend a fortune hoping for a sympathetic hearing.

[Iggle Piggle]

I was trying to see in the legislation. http://www.legislation.gov.uk/ukpga/1977/50

[TonyV]

Will not be in the legislation IMO. Signed contract of employment will override any clause you are looking for.

[THECORBYLOON]

"Resigning from a role

An employee should make it clear that they are formally resigning. It would be best to do this in writing, giving the correct amount of notice. Employees who have at least one months service must give one week's notice unless a longer notice period is required in their contract of employment."

"Dismissing an employee

Employers usually must give employees at least the notice stated in the contract of employment or the legal minimum notice period, whichever is the longer. The legal minimum notice required to dismiss is:

one week if the employee has been employed between one month and two yearsone week for each complete year of employment up to a maximum of twelve weeks. For example, for two years continuous employment the notice period will be two weeks, for six years continuous employment the notice period will be six weeks."

Although the Act you are looking at does include employment contracts, the notice periods are legal as they are at least the minimum periods required and clearly stated in the contract.

[Zacs-Master]

Not one for checking things are you, OG? Your constant spelling corrections are testament to that.