Okay, fair enough. I think it’s dreadfully worded then as it’s all in one sentence but I’ll bow to your experience. I did think it odd at the time but couldn’t easily find anything suggesting otherwise so assumed it was correct.Certainly baldly worded, at least. And wrong, if that is their intended interpretation. Which I doubt.
I.e 'they can't make you leave early' is relative to the contract notice period mentioned above, not to the notice period you decide to give.
Okay, fair enough. I think it’s dreadfully worded then as it’s all in one sentence but I’ll bow to your experience. I did think it odd at the time but couldn’t easily find anything suggesting otherwise so assumed it was correct.
I’ve reported it to the CAB website to make it clearer but yes, it would be odd.It would be fucking absurd if employees could set their own notice, if you think about it. Employers would get fucked all over the place.
Fair enough mate. I know nothing about Canadian employment law.You can't 'give 6 months notice' that isn't how it works. You give notice. The length of it is stated in the contract.
She is no doubt putting their needs first, in which case the best thing to do might be to have a chat with them, let them know she is looking to leave, and ask how long they would want her for and go from there. If they say 6 months, she still doesn't give 6 months' notice, she still gives whatever is in her contract. They then ask to negotiate a finishing date, and she accepts it.
This thread is weird. You don’t get to choose your own notice period/gardening leave.
They have no need to. Employees don't decide how long their notice will be, the contract states it. They can accept to do longer to help if it is asked, but they can't unilaterally impose it.
Not sure where you two are getting your knowledge from but of course you can set your own departure date officially as long as it’s longer than what the minimum notice period states in your contract.
Not sure where you two are getting your knowledge from but of course you can set your own departure date officially as long as it’s longer than what the minimum notice period states in your contract.
This. What if you give a year’s notice? Two years? Who would expect an employer to honour that?It would be fucking absurd if employees could set their own notice, if you think about it. Employers would get fucked all over the place.
You don't get to decide If you employer gives you PILON, gardening leave or whether they let you work until the last day.
However it is correct that if you give extra notice and they bring your notice end forward then they have sacked you.
If anyone thinks this isn't correct your welcome to cite employment law or employment tribunals that support your point but as the OP says, citizen advice and various employment firms have stated this is the case. They are the experts and if it was wrong it would surely have been corrected by now. Particularly the Citizens advice website.
The onus is the people who don't believe this to prove it.
It’s not really weird, it’s quite interesting and I would like to know 100% who is correct. I suspect you are but interesting that others seem committed the other way.This thread is weird. You don’t get to choose your own notice period/gardening leave.
I'm totally missing something. Your contract which both parties signed states you have to give one months notice, during which time you will be paid. Unless your contract states you will be paid for an extended notice period beyond that contracted, I dont think you have a case.I was arsed because I would have been two months salary out of pocket.
Mate, it is BM, people are regularly commited to something they have half heartedly read online and made up their mind in 2 seconds and won't consider anything else.It’s not really weird, it’s quite interesting and I would like to know 100% who is correct. I suspect you are but interesting that others seem committed the other way.
My wife is about to hand her notice in and plans on giving them 6mos notice in order to allow them to find somebody and to help train the new person.
I keep telling her that she's crazy and they wouldn't think twice about binning her off if it was to their benefit.
Than you should have delayed handing your notice in for 2 months.I was arsed because I would have been two months salary out of pocket.
I think it's laudable that people still think like this but the world of work has changed significantly even in my working lifetime. Once upon a time that would be viewed as a not uncommon example of a good employee/employer relationship but companies have become increasingly transactional in their dealings with staff. The logical conclusion of which has been the rise of the gig economy. In turn, employees have rightly abandoned notions of loyalty to their firms and adopt a more transactional approach themselves.
Why not give contractual notice and if they say they are in a bind re replacement she can always negotiate a slightly extended notice (if that flexibility exists with next employer).
In our company, the HR department used to be a person in the office you could talk to. Now it’s someone in India. Half the time you email them, you don’t even get a name. Actually, they’d prefer you didn’t email them, they want you to open a ticket like it’s IT support. And there are rumours that they’re going to outsource HR. At that point you’re dealing with people who basically do everything entirely according to a set of rules they’ve been given.I think it's laudable that people still think like this but the world of work has changed significantly even in my working lifetime. Once upon a time that would be viewed as a not uncommon example of a good employee/employer relationship but companies have become increasingly transactional in their dealings with staff. The logical conclusion of which has been the rise of the gig economy. In turn, employees have rightly abandoned notions of loyalty to their firms and adopt a more transactional approach themselves.
Why not give contractual notice and if they say they are in a bind re replacement she can always negotiate a slightly extended notice (if that flexibility exists with next employer).
I think it still very much exists. Employees with a sense of loyalty/gratitude or just general care will be prepared to work longer and make the transition smoother for their employer/colleagues. Employers will welcome it, where they see the benefit and trust/value the employees. Normally they would bend over backwards to keep staff they value for as long as they can. Their new employers will also understand it and accept it, and wait for them and any extended notice period, knowing that is a quality of value, for the longer term.
I have no idea what it says or doesn't say on any website but what I do know, not 99% but 100%, is that an emplyee cannot decide their own notice period when they leave somewhere. That would be patently ridiculous. There are many jobs where you will clearly be required to work garden leave as you leaving for a competitor, so no company is going to allow you to extend that garden period to suit you. And it often doesn't suit companies to have someone who's mind is elsewhere on the premises demotivating everyone else.It’s not really weird, it’s quite interesting and I would like to know 100% who is correct. I suspect you are but interesting that others seem committed the other way.
When I first answered I checked the CAB website to corroborate my advice, expecting to see that the company only had to honour the contracted period, except the advice seemed to me on CAB to say you could give more notice and they couldn’t get rid of you earlier without dismissing you (unless there were other reasons of course). I have actually queried that with CAB, as like you say it seems odd, but I trusted it and added advice to “tread carefully” as I would think if that was true an employer would be watching every step you made with a view to dismissing you for any breach of contract. I guess some employers might appreciate additional notice but it is of course risky.