My SO works for a local authority. With the funding cuts her job as been in the balance for months. They had been through all the calls for vol redundancy and notice period etc. For the last 6 months she has been told her job was secure, not secure, secure again. To the point that she could have been made redundent at any point with only 2 weeks notice. The LA originally stated that contracts were to be terminated at the end of June 2011 but at the 11th hour they have “found” some funds and have kindly extended contracts to next year, although it probably wont last that long before funding is pulled. My SO has not seen a new contract and has signed nothing.

As you can imagine the stress levels have been fairly high, recent new house, immanent loss of income on the horizon, hope given and then taken away etc etc. My SO has therefore been applying for jobs and has secured a new one today. Despite her boss stating that her notice period was negotiable probably expecting a months notice period would be fair (time to tie up loose ends) and the fact that the LA still need to save millions they want to enforce a 2 month notice period (this was in the original contract).

She has contacted her union and is awaiting a reply.

Where does she stand? Is the 2 month notice legally enforceable. Can an extension of contract be forced upon you or can she walk at the end of June?

She could walk tomorrow, what they going to do, sue her, when they’re strapped for cash. It’s always best to leave on good terms but given her circumstances that may not be possible. Look at it from their point of view, what’s the point in forcing a disgruntled employee to work their notice, she’ll do more harm than good. If it was me I’d go in to my boss and tell them when I was going, ask if there is anything specific that needs completing before she goes and then point out that if they play ball it will be completed. If they don’t count up her holidays, take them and at worst go sick due to the stress they’ve put her under (could even start muttering about contructive dismissal).

If it was me I wouldn’t get the union involved, if they’re at all legit they’ll have to support the letter of the law.

Have a look at the other thread about people just getting up and walking out from their job with any notice at all.

Update to above –

My SO has a letter stating that her contract will terminate at the end of June. The info regarding an extension to the contract has only been given verbally. No other docs have been given/seen.

A verbal contract is not worth the paper it’s written on. if they have another job then I would move asap. though Im not an employment lawyer.

union will provide the advice. IMO the end of June will do nicely.

ooman rights mate.. no period of notice is enforceable as it restricts your right to freedom of choice and movement.. leave when you want. I left a blue chip where i allegedly had a three month notice period, went home never went back, ironically they paid me for three more months..

Surely if they’ve already given you your notice (by notifying you in writing that your job will end at the end of June), they can’t undo that without you signing up to something new.

If you give you notice, and then the job falls through, you certainly can’t force your employer to keep you in that situation. It surely must be the same when it is the other way round.

I’m thinking that if they have not produced a new contract then my SO can say thankyou very much and walk at the end of June.

Lots of employment stuff on the net but nothing really on this scenario.

It has really taken the edge off the fact she has secured a better paid, better holiday entitlement job (back into teaching).

no court in the land, should your employer decide to take it to court, would force an employee to return to work to serve their notice, they may, however, make you pay some kind of compensation. this is very unlikely.

Local authority standard is for the employee to have to give either 1 or 4 weeks notice depending on whether they are paid weekly or monthly/4 weekly.

The authority usually have to give the employee a minimum of 4 weeks increasing by one week for every year of service up to a max of 12.

If she looks at her contract of employment it will all be in there.

She only has a contract to end of June. At that point she is out of contract. Even if there is 2 months notice how can you be employed if you have no contract.
Assuming she has signed on for new job, give her employer a resignation letter referncing the original contract end and a leaving date. Then leave on that date. Nothing will happen.
2 months notice, wtf.