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Maternity contract - 1 weeks notice?!?

Discussion in 'Pay and conditions' started by Crowbob, Oct 27, 2011.

  1. Crowbob

    Crowbob Lead commenter

    "or the early return of the postholder" is more normal. However, one week isn't abnormal. It isn't fair but it isn't particularly strange.
  2. FollyFairy

    FollyFairy Occasional commenter

    Tis normal - your best bet is to start looking and applying for new jobs approx one third into the maternity cover...
  3. Crowbob

    Crowbob Lead commenter

    Could I have a source for this assertion?
    I know that my own contract details different notice periods for me and my employer.
  4. I looked into this a while back in my previous career. There is some case law (istr from employment tribunals) that suggests that contracts imposing a longer notice period on an employee than on an employer would be likely to be seen as unfair. Also note that it is not easy (outside of teaching at least) to impose greater than 30 days notice on an employee - the employer has to sue for breach of contract and show that the breach caused real additional costs. I'm not sure how the law differs for teachers and i suspect that, given the low rates now paid to supply teachers, most schoolswould struggle to show that there were real additional costs to a teacher leaving in 30 days instead of the 45+ days required contractually. That said i''d not be impressed as the new employer if a recruit was to be skipping out on their old employee like this.
  5. Crowbob

    Crowbob Lead commenter

    Unfair or unlawful?
    Could I see some of this case law? I am not denying it exists, I just haven't come across it.
    In a whole range of professional level careers it is perfectly possible to impose a greater than 20 day notice period. It may be difficult to enforce but that doesn't make it a) impossible b) unlawful.

  6. That is what I was referring to earlier - I wasn't very clear.
    The statutory notice period that an employer has to give is one week.
    They can offer to give a longer notice period in the contract.
    If they do, it is OK to ask the employee to sign up to the additional notice period too.

    BUT, if they put a clause in the contract requiring a longer notice period than they have offered to the employee it would be unenforceable under law. I have been looking all week for an example but I can't find one. It would be classed as an 'unfair term'.

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