Birkbeck, University of London Human Resources

Notice provisions

Notice by the employee; Academic staff leaving dates; Notice by the employer; Termination without notice; Conditions during the notice period

If an individual wishes to leave the College’s employment they must provide written notice addressed to their manager and send a copy to the Human Resources team. This is not intended to replace any additional verbal communication, however, it does confirm the ultimate decision to leave employment. Similarly where the College terminates a contract of employment, the employee will, where-ever possible, be sent confirmation of this decision in writing.

The Human Resources team or a School representative will write to the employee acknowledging and confirming their resignation. The Human Resources team will also notify payroll of the impending leaver and update the Human Resources database accordingly.

In exceptional circumstances, notice periods may be waived on either side by mutual agreement with both parties. Notice during the probation period may be for a reduced period as contained within the appropriate procedure and terms and conditions of employment.

Notice by the employee

If an employee is terminating their own employment they must as a minimum give the period of notice as detailed in their terms and conditions. This table shows the notice requirements for staff by grade and staff group where applicable.

Notice Period Required - Employee to Employer

Length of Continuous Service

Grades 2-6

Grades 7-10

During Probation Period (for Academic Staff this applies to the first six months of their Academic Probation)

4 weeks

4 weeks, Academic staff to leave at end of the next term (see below)

Following Completion of Probation

4 weeks

12 weeks, Academic staff minimum 8 weeks to leave at the end of the next term (see below)

Teaching & Scholarship staff: 4 weeks

Normal pay for the notice period will be paid in all cases.

Academic staff leaving dates

Academic staff may only terminate their employment at the end of an academic term, or on a date during the following vacation period, and they must give adequate notice. An academic member of staff, who hands in their notice at least 8 weeks before the end of the current term, may leave at the end of that term (or a date to be agreed during the following vacation period). If notice is given less than 8 weeks before the end of the current term, the employee must work until the end of the following term. If notice is given during a vacation period, the employee must work through to the end of the next term following that vacation period. Examples of notice and leaving dates are given in Appendix I.

An academic employee wishing to leave at the end of the current term, or within the following vacation period, but giving less than the requisite notice, must discuss this with their Assistant Dean or Executive Dean to see if it is possible to agree a suitable leaving date. In exceptional cases, the Governors, through delegated authority may vary this agreement at their discretion.

Notice by the employer

Under these circumstances notice will be given in accordance with the employee’s notice period as detailed in their terms and conditions (except in the case of fixed term contracts, see below). This table shows the College’s notice requirements for all staff groups.

Notice Period Required - Employer to Employee

Length of Continuous Service

 Grades 2 - 6

Grades 7-10

During the probation period

4 weeks

4 weeks (For Academic staff this is during the first six months of their academic probation period).

Completion of probation & up to 5 years

4 weeks

12 weeks

Teaching & Scholarship staff: Statutory minimum or four weeks' notice in writing, which-ever is greater.

5 years up to 12 years

1 week for each year of continuous service

12 weeks

Teaching & Scholarship staff: Statutory minimum or four weeks' notice in writing, which-ever is greater.

12 years or more

12 weeks

12 weeks

Termination without notice

Fixed term contracts come to an end automatically at the end of the specified contract period, unless there is a justifiable reason for early termination.  No notice is therefore required, except in cases of early termination. In such cases, notice will be in accordance with the notice provisions as contained in the employee’s statement of terms of employment.

Managers of staff on fixed term contracts do, however, have obligations under The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 regarding managing the end of fixed-term contracts. Please refer to the Fixed Term Employment policy; for further information.

In exceptional circumstances (e.g. cases of gross misconduct) either the College or the employee may effect termination without notice where either party considers there has been a breach of contract.

Conditions during the notice period

After an employee has submitted notice to their manager, it is expected that they will liaise to plan any outstanding annual leave entitlement and work schedules/handover during the notice period.

Once notice has been given (initially this will usually be verbal) there is no requirement for the other party to agree to its withdrawal. Where either the employee or the College wishes to withdraw notice of the termination of employment this should be put in writing and will only take effect with the agreement of the other party. Where an employee wishes to withdraw his/her notice and makes such a request to their manager, the manager must consult with Human Resources prior to confirming the final decision to the individual, to ensure that the appropriate arrangement can be made.

If an employee wishes to shorten their notice period and bring their termination date forward, they must make their request to their manager. If the request is accepted, the individual’s employment will terminate on the earlier date, and no further pay or benefits will be payable. Academic staff must adhere to the leaving dates as set out in the section above.

If the notice is shortened at the College’s request, and the employee is not required to work out their full notice period, they will be paid in lieu for the remainder of the notice period.

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Date printed: 22/07/2018