The notice period in my contract states one month. Can anybody tell me how this should be interpreted, as 4 weeks or one calendar month?
I would ask your HR dept for advice on this one as it can be misinterpreted
For example, would one month be from today to 19th march? Or is month 30/31 days? Which would make it 21st March-ish? I've also heard it where you can only give notice at start/end of month. So if you gave it today, it wouldnt be effective till start of March and complete end of March.
4 weeks is so much cleaner and easier!
Agree with Lordy the HR department would be the best people to seek advice. You could also agree a date with your line manager depending on your relationship and the operational needs. I've seen it happen a lot
HR Generalist - firstname.lastname@example.org
It's the same if you resign today, as February has 28 days; a month means exactly what it says: if you resign on 19 of one month, the earliest you can expect to leave without seeking to agree something earlier with your manager is 18 of the following month, without breaching your contract. There are, of course, not many remedies for an employer in the case of this sort of breach.
According to Schedule 1 of the Interpretation Act 1978 a month means a calendar month.
So if the contract is not specific then you can assume that it is a calendar month. That means notice given on 19th February would end on 19th March (as notice takes effect from the day after it is given).
I need to get a life!
semper ad meliora
Thank you all very much for your advice. Very useful. I wish I had asked the question before handing in my notice and suggesting a start date to my new employer which unfortunaltely and overhastily was based on 4 weeks...will know better next time.
I have a similar issue. My contract says 4 weeks. I resigned this morning (6th December). My HR department says I should work through to the 7th. Whereas I would have thought 4 weeks would take me to 31 December. Should I take out public holidays - that would be three additional days which still only takes me to 5th Dec. Any help would be gladly received.
Looking at a calendar, 4 weeks from 7th December (working on the basis that it takes effect from the day after your notice was served) takes you through to 3rd January.
I would be tempted to tell HR that your leaving date is therefore 3rd January and see what they say in response.
I handed in my notice on Monday 13th Dec, stating this is my 4 weeks notice so my last day will be Friday 7th January, however my boss told me I need to give one month's notice so my last day will be Thursday 13th January.
I checked my contract & it does say to give one month but can I not agrue that one month could mean 4 weeks and they should really have put calender month?
We are only a small team so I do not have a HR department to turn to, so any advise would really help!
I would say no Maria - if they meant 4 weeks the contract would say 4 weeks! I personally would never interpret 'one month' as being the same as '4 weeks' on the grounds that there is only one month out of the year that is actually 4 weeks long!
I also have a question, even though I don t know if this forum is still active... In my contract it also says 1 month notice period. I know that in other countries this notice period starts per end of the month. An example: I resign beginning of May, then the notice period begins end of May, ie if I get a gardening leave that would be until end of June. Is that usually the case in the UK or would my geradening leave end beginning of June?
thanks a lot!
In the UK your notice starts on the day you give it rather than the end of the month in which you give it
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