Long notice periods...

Long notice periods...

Author
Discussion

RacerMDR

5,521 posts

211 months

Thursday 2nd April 2009
quotequote all
be careful - I did this once. It is very difficult to get a contract job if you are on a three month notice.

I would never do it again - ever.

jammy_basturd

29,778 posts

213 months

Thursday 2nd April 2009
quotequote all
Ignoring the redundancy side of things. What is the likelihood of you voluntarily going to look for another job in the current climate? And even if you do, if the company is looking to make savings on personnel I think they'd happily let you take just 1 months paid notice even if you had 3 months in your contract.

L500

598 posts

239 months

Thursday 2nd April 2009
quotequote all
If you have PILON in your contract, than take it. PILON means that you don't have to work the 3 months, but will be paid as part of your redundancy.

Even if you don't have PILON, than I would still take it. In this climate, 3 months pay is better than 1. I know, I'm going through redundancy right now.

schmalex

13,616 posts

207 months

Thursday 2nd April 2009
quotequote all
G'kar said:
Even better if you can negotiate 3/1.
Nail. Head. Hit.

prand

5,916 posts

197 months

Thursday 2nd April 2009
quotequote all
I would say on the surface of it, congratulate yourself because you are seen as a valued employee and they want to keep you - well at least for the next 3 months....

I guess I'd be interested to think why this is happenning and how does the company benefit by doing this. It may be that there is due to be be a lot of crap coming your way soon, so that this is to try and stem the flow of goood employees by making you think twice about jumping ship.

Scenarios may be along the lines of: mass redundancies leaving a skeleton staff - i.e. you and a small team to carry out the work of 20-50, or an outsourcing/buyout to leave you all with unfavourable terms. This may also be a way of rewarding the performance of the loyalest/best employees by giving them 3 months gardening leave if the whole place is going to be shut down and you all lose your jobs with nothing (like the 100 Nortel staff who are being let go with nothing but statutory pay currently).

Of course inmost cases you can leave, or be made to leave within the three months if you come to a mutual understanding. I'd also bear in mind that everyone might be being told their notice is increasing and to keep it hush hush to hide the extent of this activity.

Edited by prand on Thursday 2nd April 13:56

Odie

4,187 posts

183 months

Thursday 2nd April 2009
quotequote all
Take it, as no matter what your contract says you only have to give 24 hours notice anyway due to some odd European Laws.

steve_amv8

1,887 posts

211 months

Thursday 2nd April 2009
quotequote all
schmalex said:
G'kar said:
Even better if you can negotiate 3/1.
Nail. Head. Hit.
Not very likely though, is it. The only reason I can see an employer doing this after a round of redundancies is to retain certain key staff that they need to hold on to - the sort of staff that you don't want to find "looking for an alternative job in case they are next in line for the chop", or will be needed in the event of selling the business, to help the smooth switch over.

G'kar

3,728 posts

187 months

Thursday 2nd April 2009
quotequote all
steve_amv8 said:
schmalex said:
G'kar said:
Even better if you can negotiate 3/1.
Nail. Head. Hit.
Not very likely though, is it. The only reason I can see an employer doing this after a round of redundancies is to retain certain key staff that they need to hold on to - the sort of staff that you don't want to find "looking for an alternative job in case they are next in line for the chop", or will be needed in the event of selling the business, to help the smooth switch over.
Depends on the motivation.

If the offer is being extended primarily to make it more difficult for select staff to leave then no, they won't be that amenable.

If, however, it is being offered in an attempt to convince people who might otherwise be thinking of jumping ship that the business has a viable future and they are valued, then they may be willing to negotiate.

pejay

Original Poster:

245 posts

184 months

Thursday 2nd April 2009
quotequote all
Thanks!

To be honest I love the job and can't see myself leaving out of choice in the next 2-3yrs unless something drastically changes.

Also, as it's a technical role in the gaming industry I've been told by colleagues that gardening leave is quite common - which is nice!

So, new contract is all accepted and signed. smile

Edited by pejay on Thursday 2nd April 18:16

uuf361

3,154 posts

223 months

Thursday 2nd April 2009
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6 months notice here.................................

Jasandjules

70,012 posts

230 months

Thursday 2nd April 2009
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Romanymagic said:
Grey Ghost said:
I would take the offer in the current environment.
yes
+ 2

If you want to leave in future then you just have to plan. Any future employer is unlikely to have a major problem with you having such a notice period.

ghall

25 posts

193 months

Thursday 2nd April 2009
quotequote all
Mine is 12 months which I used to think was a huge pain but in the current climate is quite a nice cushion.


koenig999

1,667 posts

233 months

Thursday 2nd April 2009
quotequote all
ghall said:
Mine is 12 months which I used to think was a huge pain but in the current climate is quite a nice cushion.
I am on 12/6, which is a nice backstop.

Koenig

defblade

7,463 posts

214 months

Friday 3rd April 2009
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parakitaMol. said:
AndyAudi said:
Don't think they can really hold you for three months so it is only in your benefit.
Of course they can! that's the point, to protect themselves in the event of someone leaving it gives them time to find a replacement and organise handover or gap cover.
If you do decide to leave before the 3 months is up, they have the option to sue you for losses that they incur because of it. In my job (pharmacist, in a community pharmacy) there is pretty much no loss they can make as they have to have a pharmacist present and so except for possibly paying emergency rates (if I gave them less than 2 days notice, maybe) they may well actually save money! But this may or may not be the case in your job....

parakitaMol.

11,876 posts

252 months

Friday 3rd April 2009
quotequote all
defblade said:
parakitaMol. said:
AndyAudi said:
Don't think they can really hold you for three months so it is only in your benefit.
Of course they can! that's the point, to protect themselves in the event of someone leaving it gives them time to find a replacement and organise handover or gap cover.
If you do decide to leave before the 3 months is up, they have the option to sue you for losses that they incur because of it. In my job (pharmacist, in a community pharmacy) there is pretty much no loss they can make as they have to have a pharmacist present and so except for possibly paying emergency rates (if I gave them less than 2 days notice, maybe) they may well actually save money! But this may or may not be the case in your job....
My point was that this is a contract, therefore it's pretty obvious they can hold you to it.

I have a colleague who was made redundant 3 months ago.... his last day (technically) is Monday and they are making him come in for that single day!!! if he didn't, and they became difficult, it would affect his entire reduncancy pay.

NDA

21,704 posts

226 months

Friday 3rd April 2009
quotequote all

Do you happen to know if there's a Garden Leave provision in your contract?

My notice period was 12 months and there are some tricks pulled when this is signed up for - non compete, is one. Some employers will have you sign a non compete that runs 'from the date of termination', the date of termination being at the end of your Garden Leave period.

This could have the effect of 3 months at home on full pay and benefits (nice) and then an equal period of non compete, but non paid after the 3 months.

So just watch what you sign up for! On balance 3 months is a good thing in the current climate, but do have a thorough read through the contract.

shamrock

980 posts

191 months

Friday 3rd April 2009
quotequote all

Sounds like a good offer, take it.

I am on 12 months but would most likely be put on gardening leave if I found a position elsewhere so it doesn't worry me.

AndyAudi

3,067 posts

223 months

Friday 3rd April 2009
quotequote all
parakitaMol. said:
defblade said:
parakitaMol. said:
AndyAudi said:
Don't think they can really hold you for three months so it is only in your benefit.
Of course they can! that's the point, to protect themselves in the event of someone leaving it gives them time to find a replacement and organise handover or gap cover.
If you do decide to leave before the 3 months is up, they have the option to sue you for losses that they incur because of it. In my job (pharmacist, in a community pharmacy) there is pretty much no loss they can make as they have to have a pharmacist present and so except for possibly paying emergency rates (if I gave them less than 2 days notice, maybe) they may well actually save money! But this may or may not be the case in your job....
My point was that this is a contract, therefore it's pretty obvious they can hold you to it.

I have a colleague who was made redundant 3 months ago.... his last day (technically) is Monday and they are making him come in for that single day!!! if he didn't, and they became difficult, it would affect his entire reduncancy pay.
Redundancy is different to notice when leaving.
I was told by the HR Dept that it is a very one way agreement, due to some Euro law's about only having to give a reasonable amount of notice, they could not enforce my Notice period of three months (as it happens I did give them that, however If I'd received a Job offer subject to starting in 6 - 8 weeks I wouldn't've) I think its something about my individual rights being greater than the contract rights.
(I have no specialist knowledge on the subject though)

birdcage

2,842 posts

206 months

Friday 3rd April 2009
quotequote all
take it take it take it, I have been in my job for aons but the statutory package would only pay for a weekend in paris, its the six month notic, partly tax free that makes me feel reasonably good in this recession....

parakitaMol.

11,876 posts

252 months

Friday 3rd April 2009
quotequote all
AndyAudi said:
Redundancy is different to notice when leaving.
That doesn't sound right to me at all, as I understand it, it's a contract and unless they are willing to negotiate they are within their rights to enforce it. Ours is 3 months (either way) regardless of it being redundancy, or notice to quit for alternative employment. This is pretty standard and has certainly been the case in my last 3 roles... apart from during probationary period when the terms are often slightly different on both sides.

Obviously some people are able to negotiate different terms but I am sure that if you agree to a 3 month period then that is a contract and they can hold you to it. I am not an HR person so if I'm wrong then I will accept it, but I have previously tried to get out earlier at 2 months (of 3) when my new job wanted me to start sooner but my old job wouldn't budge... they were a very big organisation and did everything by the book.





Edited by parakitaMol. on Friday 3rd April 14:22