One calendar's month's notice. What exactly does this mean?

wmcnicol

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Mar 20, 2012, 5:21:31 PM3/20/12

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Hi,

My daughter has recently given in her notice (in Scotland).

She gave one month's notice on 16th March, intending 16th April as
the final day.

Her contract says that she should give "one calendar month's
notice".

Her boss claims that "one calendar month's notice" means one full
month of days e.g. all of April, so she would finish on the 30th of
April.

Is he right?

Thanks,

William.

McKevvy

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Mar 20, 2012, 5:34:09 PM3/20/12

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4 weeks is plenty. Let him sue her for the week not worked.

McK.

Mrcheerful

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Mar 20, 2012, 5:48:13 PM3/20/12

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he is wrong, if the wording is as you say.

the-sbray

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Mar 20, 2012, 5:58:17 PM3/20/12

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On Mar 20, 9:21 pm, wmcnicol <williammcni...@gmail.com> wrote:

Her boss is wrong. A calendar month is from a certain date in one
month to the same date (actually the day before) the following month.
So you daughter is correct, her employment should terminate on the
16th April (actuall the 15th as the first day is classed as the first
daye of the notice).

In the 3rd edition of Halsbury's Laws of England, volume 37, the
authors wrote:

"When the period prescribed is a calendar month running from any
arbitrary date the period expires with the day in the succeeding month
immediately preceding the day corresponding to the date upon which the
period starts: save that, if the period starts at the end of a
calendar month which contains more days than the next succeeding
month, the period expires at the end of the latter month."

Tim Jackson

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Mar 20, 2012, 10:14:14 PM3/20/12

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On Tue, 20 Mar 2012 14:58:17 -0700 (PDT), the-sbray wrote...

> Her boss is wrong.

Agreed.

> A calendar month is from a certain date in one
> month to the same date (actually the day before) the following month.
> So you daughter is correct, her employment should terminate on the
> 16th April (actuall the 15th as the first day is classed as the first
> daye of the notice).
>
> In the 3rd edition of Halsbury's Laws of England, volume 37, the
> authors wrote:
>
> "When the period prescribed is a calendar month running from any
> arbitrary date the period expires with the day in the succeeding month
> immediately preceding the day corresponding to the date upon which the
> period starts: save that, if the period starts at the end of a
> calendar month which contains more days than the next succeeding
> month, the period expires at the end of the latter month."

However, that's not the universal interpretation. See for example
http://www.ipo.gov.uk/p-pn-patentrules2007 (paragraphs 5-7)

There, a period 'beginning with' a given date "includes the defining
date when computing the prescribed period. Generally speaking, a period
of 1 month 'beginning with 15 April' ends on 14 May." (This is as
stated in Halsbury.)

But a period 'from' a given date "does not start until the day after the
defining date. Hence a period of 1 month 'from 15 April' ends on 15 May.

--
Tim Jackson
ne...@timjackson.invalid
(Change '.invalid' to '.plus.com' to reply direct)

Deux

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Mar 21, 2012, 6:25:18 AM3/21/12

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On Tue, 20 Mar 2012 14:21:31 -0700, wmcnicol wrote:

> Her boss claims that "one calendar month's notice" means one full
> month of days e.g. all of April, so she would finish on the 30th of
> April.

Does her boss have pointy hair?

Graham Harrison

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Mar 21, 2012, 10:06:38 AM3/21/12

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"the-sbray" <marc.s...@gmail.com> wrote in message
news:dc3f2f89-da6a-4343...@gw9g2000vbb.googlegroups.com...

=====================

Does Halsbury's apply to Scotland?

R. Mark Clayton

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Mar 21, 2012, 11:02:30 AM3/21/12

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Quoting Halsbury's laws of England in Scotland may rouse nationalist
sensibilities.

"the-sbray" <marc.s...@gmail.com> wrote in message
news:dc3f2f89-da6a-4343...@gw9g2000vbb.googlegroups.com...

GB

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Mar 21, 2012, 1:09:03 PM3/21/12

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As others have said, that is an extremely odd interpretation of the wording.
Obviously, he must be desperate for your daughter to continue working there.
Would she be prepared to do so, subject to a suitable pay rise, perhaps? Or
would she be prepared to do so in order to help him out?

Otherwise, ask him for some independent reference for his interpretation of
the contract. At the end of the day, he cannot force her to work, and all
he can do is sue for damages - which I think he has no chance at all of
getting, even if he tried it on in court, which he will not.

I have to disclaim any knowledge of Scottish law.

--
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Cynic

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Mar 21, 2012, 3:18:18 PM3/21/12

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No, but it is not worth arguing because the consequences are likely to
be the same whether she proves him wrong or not.

--
Cynic

Just zis Guy, you know?

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Mar 21, 2012, 3:21:25 PM3/21/12

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On Tue, 20 Mar 2012 14:21:31 -0700 (PDT), wmcnicol
<william...@gmail.com> wrote:

No. He is, however, at liberty to send her home on "gardening leave",
provided this is paid.

Guy
--
Guy Chapman, http://www.chapmancentral.co.uk
The usenet price promise: all opinions are guaranteed
to be worth at least what you paid for them.

GB

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Mar 21, 2012, 4:05:54 PM3/21/12

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I agree. I cannot understand what he can achieve by forcing her to work
against her will. I no longer have employees, but I recall it being a
struggle when they wanted to work. :)

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