3 Month Notice - Quitting before next role
Discussion
944fan said:
3 months isn't ideal but it is what it is and if a company likes me they will wait.
Correct answer. State a willingness to approach your employer and attempt to negotiate a shortened term if an offer is made and accepted. Most places will work something out, it's in nobody's interests to keep an employee shackled in place longer than necessary.From an employer's point of view, someone showing up and saying "Yeah, I've got a 3-month notice period but I'll just walk so I can start Monday." is a HUGE red flag against hiring that person. If they'll cheerfully leave their old employer in the s**t, they'll do it to you next.
The agent pressuring you on that front is just looking after their own interests - it's easier to place candidates that can start sooner.
andy-xr said:
...
The old place cant force you to work there, if they try through a legal process it's going to be comical because it's not worth anyone's time
Take care about following robustly expressed amateur advice such as the above. In the light of a recent Court of Appeal authority (Sunrise Brokers v Rodgers [2014] EWCA Civ 1373), if an employee walks out without giving the contractual notice, the employer may be able to obtain an injunction that forbids the employee from working anywhere else. In some circumstances, the employer won't even have to pay the employee for the period of notice if the employee refuses to work. The old place cant force you to work there, if they try through a legal process it's going to be comical because it's not worth anyone's time
Some employers might not bother to enforce the notice period, but others might seek to do so. Those who say "employers never do this" must inhabit a planet different from the one where I live, on which planet employers frequently take action to enforce notice periods and other obligations against departing employees, and frequently succeed in doing so.
Breadvan72 said:
Take care about following robustly expressed amateur advice such as the above. In the light of a recent Court of Appeal authority (Sunrise Brokers v Rodgers [2014] EWCA Civ 1373), if an employee walks out without giving the contractual notice, the employer may be able to obtain an injunction that forbids the employee from working anywhere else. In some circumstances, the employer won't even have to pay the employee for the period of notice if the employee refuses to work.
Some employers might not bother to enforce the notice period, but others might seek to do so. Those who say "employers never do this" must inhabit a planet different from the one where I live, on which planet employers frequently take action to enforce notice periods and other obligations against departing employees, and frequently succeed in doing so.
A derivatives broker who set up a trading division case vs a techie dev probably on £30kpa? Some employers might not bother to enforce the notice period, but others might seek to do so. Those who say "employers never do this" must inhabit a planet different from the one where I live, on which planet employers frequently take action to enforce notice periods and other obligations against departing employees, and frequently succeed in doing so.
Come on...Would it be reasonable for yer average Joe on an average £26k/pa salary to work 3 months when everyone else in the same industry asks for a month.....No.
Would it be reasonable for a higher earning broker who could bring the company down to have to give 12 months notice? According to the courts....yes
Balance, int'it
All judicial decisions are fact sensitive and context dependent. I have, however, seen many a three month notice period enforced by the Courts. I have seen contracts enforced against trainee hairdressers, as well as Derivatives Traders. I don't make the rules, and often I do not approve of them. I merely observe what they are. I have been practising in this field of law for decades, but I defer to your no doubt superior pub based experience and knowledge, and leave the OP in your expert and cable hands.
Cheers, all. I am jacking in the legal stuff on PH and just talking about cars (WTF are they?) and politics and blah from now on. Big snogs to yuh all y'all.
Cheers, all. I am jacking in the legal stuff on PH and just talking about cars (WTF are they?) and politics and blah from now on. Big snogs to yuh all y'all.
Belt up
I think the differences you're seeing is that they want to take customers with them, and the notice period is designed to stop them doing that, as well as a non compete.
This OP thinks the company's s
t and hasnt got any prospects, they're going down the toilet in output terms as they integrate into another company. If the OP had his longer term glasses on, he may also be thinking his position could be up for redundancy when they finally figure out who does what. Many notice period enforcement cases have little or nothing to do with customer retention. But, hey, don't let a bit of real life experience get in the way of pub wisdom.
I flounced ages ago (mainly from SP&L), because, although arguing with ignorant know it alls is fun, it can be tiring after a while. If I want to argue with ignorant know it alls, far better to do it in court where at least I get paid for talking to the Judges.
And now I really must dash. Toodles.
I flounced ages ago (mainly from SP&L), because, although arguing with ignorant know it alls is fun, it can be tiring after a while. If I want to argue with ignorant know it alls, far better to do it in court where at least I get paid for talking to the Judges.
And now I really must dash. Toodles.
andy-xr said:
Breadvan72 said:
Take care about following robustly expressed amateur advice such as the above. In the light of a recent Court of Appeal authority (Sunrise Brokers v Rodgers [2014] EWCA Civ 1373), if an employee walks out without giving the contractual notice, the employer may be able to obtain an injunction that forbids the employee from working anywhere else. In some circumstances, the employer won't even have to pay the employee for the period of notice if the employee refuses to work.
Some employers might not bother to enforce the notice period, but others might seek to do so. Those who say "employers never do this" must inhabit a planet different from the one where I live, on which planet employers frequently take action to enforce notice periods and other obligations against departing employees, and frequently succeed in doing so.
A derivatives broker who set up a trading division case vs a techie dev probably on £30kpa? Some employers might not bother to enforce the notice period, but others might seek to do so. Those who say "employers never do this" must inhabit a planet different from the one where I live, on which planet employers frequently take action to enforce notice periods and other obligations against departing employees, and frequently succeed in doing so.
Come on...Would it be reasonable for yer average Joe on an average £26k/pa salary to work 3 months when everyone else in the same industry asks for a month.....No.
Would it be reasonable for a higher earning broker who could bring the company down to have to give 12 months notice? According to the courts....yes
Balance, int'it
ked up. I've been touted to the clients as the savior of IT here. Its all bks of course but I'm not seen a just another dev.I have no intention of walking out and not serving my notice period, that was never under consideration. My company may do something legal they may not. But they wont let me skip off into the sunset.
On the plus side I have an interview with a major competitor. When people have left in the past and gone to competitors they have been released early.
3 months sounds fairly normal. Do a bit of research and see if you can find other people in your industry on 3. If they're all on 3 too, then you know it won't be an issue for those companies looking to hire you. I wouldn't quit my job early just to reduce my notice period though, if they really want you, they'll wait, and once you have a job offer, you can try to negotiate your notice period down for good behaviour 
944fan said:
Yeah garden leave wouldn't help other than getting me away from the madness.
I spoke to a recruiter about it this morning and they said that with my CV and experience it wont take me long to find something else.
My only concern is we are heading towards Christmas where in the past I have found recruitment slows a bit.
Never plan to have to look for a job in December or January (Christmas slow down) or August (summer holidays).I spoke to a recruiter about it this morning and they said that with my CV and experience it wont take me long to find something else.
My only concern is we are heading towards Christmas where in the past I have found recruitment slows a bit.
In my profession 3 months is typical for experienced staff who can also take clients.
I have just completed a 3 month notice period. Just a few pointers I would make.
- month 1 will fly by
- month 2 will be ok and month 3 will drag
Mentally you will fully check out by the end of month 2. If possible, take holiday in your notice period towards the end to break it up.
I left at the end of August when a lot of key decision makers were on holiday and me leaving was not on the agenda so most of my projects were not formally handed over. Clients were not notified which put me in uncomfortable situations. I found it quite frustrating personally when I was deluged with panicked management in the last week who wanted impossible amounts of work to be completed. In retrospect I should have been firmer from the outset and planned my own transition on the projects that meant they were all handed over by the end of month 2 so I could wind down.
If it helps, I understand your situation. The feeling of relief when you hand your notice in and the clock starts ticking will make you feel like 10 stone weight loss from yor shoulders
I have just completed a 3 month notice period. Just a few pointers I would make.
- month 1 will fly by
- month 2 will be ok and month 3 will drag
Mentally you will fully check out by the end of month 2. If possible, take holiday in your notice period towards the end to break it up.
I left at the end of August when a lot of key decision makers were on holiday and me leaving was not on the agenda so most of my projects were not formally handed over. Clients were not notified which put me in uncomfortable situations. I found it quite frustrating personally when I was deluged with panicked management in the last week who wanted impossible amounts of work to be completed. In retrospect I should have been firmer from the outset and planned my own transition on the projects that meant they were all handed over by the end of month 2 so I could wind down.
If it helps, I understand your situation. The feeling of relief when you hand your notice in and the clock starts ticking will make you feel like 10 stone weight loss from yor shoulders
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