Can an Employer hold you to 3 months notice?
Discussion
Looking for a move at present and I've realise that unlike most of my collegues I've got T & C's taht hold me to 3 months notice. Apparently only about 10 of 200 employees have this because we joined in 2001. HR manager changed in 2002 and went back to OLD T & C's
Can the company hold me to that and how ?
Can the company hold me to that and how ?
Whatever the contract says I'm sure it should be possible to come to an arrangment with your current employer.
There is no point holding someone to a contract, having them onsite if they really don't want to be there, it depends what you do....
What do you do
?
For instance most sales positions will get shoved on garden leave...
D
There is no point holding someone to a contract, having them onsite if they really don't want to be there, it depends what you do....
What do you do
?For instance most sales positions will get shoved on garden leave...
D
.. In my experience no.. in the knowledge that if they try peoples who want to leave have the sure fire ability to demotivate others and cause a whole lot of mischief. How many 'secrets' do you know about your business! Normally one month will suffice but better all round if a negotiated exit is ...negotiated!
Your contract is binding and therefore an employer is entitled to hold you to your notice period, restrictive covenants or any other terms that apply.
However, in the real world employers see little point in employing someone who will not give their all, and let them go fairly soon.
I'd have a word and see if you could negotiate a shorter notice period. More likely than not, they will agree to it.
However, in the real world employers see little point in employing someone who will not give their all, and let them go fairly soon.
I'd have a word and see if you could negotiate a shorter notice period. More likely than not, they will agree to it.
Pretty much what I expected to hear. The only issue is that if I tell an interviewer I'm on 3 months notice, it might be enough to take another candidate, so I was going to wait until I've been offered the job and tell new employer that there may be a problem with Notice but I'm going to negotiate with old employer.
My opinion is slightly different. If your employer were laying you off, you would hold them to paying you 3 months notice? I think you should be prepared to work 3 months and by all means negotiate it to be less, but you should give your all for the 3 months if required as you are still being rewarded as per your contract.
If a firm employing you really want someone of quality, they will happily wait 3 months for you
T-J-K
If a firm employing you really want someone of quality, they will happily wait 3 months for you
T-J-K
The jiffle king said:
My opinion is slightly different. If your employer were laying you off, you would hold them to paying you 3 months notice? I think you should be prepared to work 3 months and by all means negotiate it to be less, but you should give your all for the 3 months if required as you are still being rewarded as per your contract.
Good point, and well made; however I'd say the negotiations would probably be fruitful, as your boss probably doesn't know you have the 'unusual' notice period either...The real trick, of course, is to go to the competition: which at our place at least, gets you escorted out of the door, pronto
Vee said:
You knew it was 3 months when signing so yes, you should expect to work it.
As above though, speak to your employer the right way and they'll probably agree to early release.
TBH I was a bit desperate and I'd started before I got the contract and it's like 6 years ago, so I completely forgot until NOW. As above though, speak to your employer the right way and they'll probably agree to early release.
The jiffle king said:
My opinion is slightly different. If your employer were laying you off, you would hold them to paying you 3 months notice? I think you should be prepared to work 3 months and by all means negotiate it to be less, but you should give your all for the 3 months if required as you are still being rewarded as per your contract.
If a firm employing you really want someone of quality, they will happily wait 3 months for you
T-J-K
Spot on that. If a firm employing you really want someone of quality, they will happily wait 3 months for you
T-J-K
What sometimes annoys me about contract negotiations down the line is where both parties are happy for years until a factor is not so good for them.
An example of this is when George Michael decided that his record company making him actually work on new material once every couple of years and taking a larger cut than average was making him a slave and discounting his human rights.
Of course he was quite happy with these financial terms when it was the record company taking all of the risk and George was waiting tables for his income...
In all of these I would say that you should approach a contract in the way YOU would like to be treated if the shoe were on the other foot.
For example in this instance if I were the employer I might find it reasonable if I had to make you redundant say that of course if you want to work the three months that is fine, but if you could be so kind as to find another job in the meantime to minimise the loss that would be appreciated.
Taking that into consideration, I would be prepared to work the full notice as per contract but appeal to their good nature to get out more quickly if you can.
According to ACAS they could take you to court for the costs of someone else doing your job for the balance of your notice period. I know this as my GF was in a similar position to you. She was offered a job conditional on being able to start in 4 weeks. As she was fairly junior at the company, had been there not much over a year and was replaceable and based on the above advice she moved!
As others have said though it's better to compromise if possible though!
As others have said though it's better to compromise if possible though!
jacko lah said:
Deva Link said:
The company that I used to work for generally held people to 3 months notice but sent them on gardening leave as soon as they handed in their notice.
Could I go off sick ? Deva Link said:
jacko lah said:
Deva Link said:
The company that I used to work for generally held people to 3 months notice but sent them on gardening leave as soon as they handed in their notice.
Could I go off sick ? Once they have that info, it may not be wise to 'burn' someone and give them the noose to hang you with!
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