Anyone familiar with UK legislation

lrenoll

I have a gentleman who works in our UK facility. He has given his resignation. His employment contract says he and/or we must give a three month notice when ending employment. Is it possible to ammend this contract so that we can shorten this length of time if he agrees to it? He has taken another position, so I would think he would be in favor of this. Although, I am not all that familar with UK lgislation and I am not even sure if we can amend it. Please advise.

wbeteet

I use to be Director of H.R. for Europe. My office was in London. Yes, you can ammend the contract if both parties agree. You may give up your right to the notice and he gives up his right to be compensated during the notice period. The relevant section of The Employment Rights Act of 1996 is below. Please read section (3).
I hope this helps you

William Beteet


--------------------------------------------------------------------------------
The Employment Rights Act of 1996

PART IX
TERMINATION OF EMPLOYMENT

Minimum period of notice
Rights of employer and employee to minimum notice.

86. - (1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more-

(a) is not less than one week's notice if his period of continuous employment is less than two years,
(b) is not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and
(c) is not less than twelve weeks' notice if his period of continuous employment is twelve years or more.
(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.

(3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for one month or more has effect subject to subsections (1) and (2); but this section does not prevent either party from waiving his right to notice on any occasion or from accepting a payment in lieu of notice.



>I have a gentleman who works in our UK facility. He has given his
>resignation. His employment contract says he and/or we must give a
>three month notice when ending employment. Is it possible to ammend
>this contract so that we can shorten this length of time if he agrees
>to it? He has taken another position, so I would think he would be in
>favor of this. Although, I am not all that familar with UK lgislation
>and I am not even sure if we can amend it. Please advise.