united-kingdom
3-months notice period, but only 1 month notice-in lieu payment clause mentioned in the job offer
<p>I need your view on below situation:</p>

<p>I have received a permanent job offer (geography: United Kingdom), which includes a 3-months notice period clause. There's also an unusual clause stating that the employer may claim damages if the employee don't serve the complete notice period.</p>

<p>Is it common in permanent roles for the employer to go after leavers and try to obtain financial damages for notice period related matters?</p>

<p>Although the word senior is mentioned in the job title, there's nothing extraordinary about the position; it's just another software engineering role.</p>

<p>Also, there's a clause that states they can terminate the contract at any time by giving a payment of 30 days.</p>

<p>So before signing the contract should I negotiate with them to reduce the notice period to 1 month?</p>

<p>Although markedly unequal, the conditions you describe are compliant with section 86 of the <a href="http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/46818/61823/F76147233/GBR46818%202019.pdf" rel="nofollow noreferrer">UK Employment Rights Act of 1996</a>. The contract subjects you to harsher conditions and penalties that nonetheless are not prohibited by the Act.</p>

<p>It is totally up to you to require a more balanced clause of notice periods (and a more balanced agreement in general) regardless of whether disparities of this sort are common in a labor market.</p>

<blockquote>
  <p>Also, there's a clause that states they can terminate the contract at any time by giving a payment of 30 days.</p>
</blockquote>

<p>That is lawful. Section 86(3) reads that "<em>[...] this section does not prevent either party [...] from accepting a payment in lieu of notice</em>". By accepting that clause you are merely exercising the right this section provides employees. That does not mean you have to accept the clause.</p>

<p>Following is mentioned on ACAS website:</p>

<blockquote>
  <p>When can an employer make a deduction from a worker's pay? An employer
  may be able to make a deduction from a worker's pay where there has
  been a genuine overpayment of wages.   An employer may also be able to
  make a deduction from pay in certain circumstances (e.g. to cover
  damage to equipment or property) if there is an express clause in the
  worker's contract allowing them to do so. However, it is important
  that the worker has been made aware of this provision of the contract,
  and the employer should notify the worker in writing before making the
  deduction.   There is legal protection for retail workers where the
  contract provides for a deduction for till or stock shortages: the
  employer must not deduct more than 10% of a worker's wages for any pay
  period, though they may make a series of deductions over a number of
  pay periods. (If the worker leaves the job, the employer can take the
  full amount owed from the final pay.)   Employers should be cautious
  about including terms in a contract that may result in punitive
  deductions, such as deducting pay as part of a disciplinary sanction.
  This could be challenged on grounds of reasonableness through a civil
  court or, in certain circumstances, an Employment Tribunal.</p>
</blockquote>
