Employer notice period
Discussion
My employer is currently trying to temp staff on to some new T&Cs. (Totally optional by the way - well at the moment it is).
What they have done is put out a sweetener of increasing annual holiday leave by three days, but at the same time they are increasing the notice period and also reducing the sick pay conditions.
This question is purely to ask, is there a legal maximum of how many notice days an employee can reasonably ask for?
This new T&Cs they are floating to people is asking for 12 weeks. I think I’m fairly sure in this economic climate (or any economic climate), a new employer, if you were wanting to move to a new job, would not opt for a candidate that only became available 3 months later. So in effect, the way I see it is that they are trying to tie staff in to the company and are not wanting people the freedom to leave if they see better opportunities. (Not that there are many at the moment it has to be said).
Currently my notice period is one month which is the accepted norm in the UK, but 3 months….blimey!
What they have done is put out a sweetener of increasing annual holiday leave by three days, but at the same time they are increasing the notice period and also reducing the sick pay conditions.
This question is purely to ask, is there a legal maximum of how many notice days an employee can reasonably ask for?
This new T&Cs they are floating to people is asking for 12 weeks. I think I’m fairly sure in this economic climate (or any economic climate), a new employer, if you were wanting to move to a new job, would not opt for a candidate that only became available 3 months later. So in effect, the way I see it is that they are trying to tie staff in to the company and are not wanting people the freedom to leave if they see better opportunities. (Not that there are many at the moment it has to be said).
Currently my notice period is one month which is the accepted norm in the UK, but 3 months….blimey!
Having a 3 month notice period is rarely a bad thing for the employee in my experience.
It depends greatly on your job, but thinking on the 'flip-side' of your concerns, what about when they make you redundant?
It has always amounted to a 3 month 'paid holiday' in my experience, though more likely a chance to slip into a new position, and collect pay for both.
Unless you are planning on leaving, given "this economic climate" I would jump it.
Assuming all else is in order, fair and equitable etc.
It depends greatly on your job, but thinking on the 'flip-side' of your concerns, what about when they make you redundant?
It has always amounted to a 3 month 'paid holiday' in my experience, though more likely a chance to slip into a new position, and collect pay for both.
Unless you are planning on leaving, given "this economic climate" I would jump it.
Assuming all else is in order, fair and equitable etc.
3 months is a quite common notice period in most professional employment.
As a general rule of thumb.
If it's a job it's one month.
If it's a career it's 3 months.
It's because most professional employment may require a couple of months to hand over work, finalise projects, get a replacement in and train them and so forth
Often you can blag your remaining holiday to get out within 2 months, ask to get our early, or just walk out. It depends on the exact circumstance and how much bad/good feeling you want to leave behind.
Sometime you may be given gardening leave – this means you may spend all or part of that three months notice at home, on call, not working for anyone else.
This is to prevent you taking any business advantage to your new job – as chanced are you've moved to a competitor.
As a general rule of thumb.
If it's a job it's one month.
If it's a career it's 3 months.
It's because most professional employment may require a couple of months to hand over work, finalise projects, get a replacement in and train them and so forth
Often you can blag your remaining holiday to get out within 2 months, ask to get our early, or just walk out. It depends on the exact circumstance and how much bad/good feeling you want to leave behind.
Sometime you may be given gardening leave – this means you may spend all or part of that three months notice at home, on call, not working for anyone else.
This is to prevent you taking any business advantage to your new job – as chanced are you've moved to a competitor.
Lets face it, if you gave your notice, you would be wanting to leave.
An employee wanting to leave may not have the same interest in a job, and therefore may become a burden.
I wouldn't worry too much about it, I'm sure if it came to it you could negotiate a lesser period.
My dad left a job several years ago, once his notice was accepted his boss said, 'may be better if you just went home fella'. They paid him for his notice period and he sat at home.
An employee wanting to leave may not have the same interest in a job, and therefore may become a burden.
I wouldn't worry too much about it, I'm sure if it came to it you could negotiate a lesser period.
My dad left a job several years ago, once his notice was accepted his boss said, 'may be better if you just went home fella'. They paid him for his notice period and he sat at home.
Kevin VRs said:
Point to note IIRC the notice required to be given by employee to employer cannot exceed that required by the employer to the employee. This change to 3 months can only be acceptable if they must also give you 3 months notice as well.
Exactly my/our point. But easily missed in the way(s) stated. Better clear than sorry
I'd be more concerned about the details of the sick pay changes to be honest.
Remember that notice periods work both ways - and in the real world they actually work in favour of the employee more than the employer.
I've had a six month notice period before, but when push came to shove and it was clear that I really was going to move on, the powers that be agreed to let me go as soon as they'd appointed a replacement.
The effective notice period was just over a month for me in that instance.
Kevin VRs said:
Point to note IIRC the notice required to be given by employee to employer cannot exceed that required by the employer to the employee. This change to 3 months can only be acceptable if they must also give you 3 months notice as well.
That's interesting. Did the law change at some point? Reason I ask is that around the turn of the century I joined a company and they wanted to allow me a week's notice with them having a month. After recovering from the shock I managed to negotiate my notice up to a fortnight (so still out of sync by more than two weeks...). I always thought this was unfair but just sucked it up since I wanted the job and was willing to take the risk.jazzyjeff said:
Kevin VRs said:
Point to note IIRC the notice required to be given by employee to employer cannot exceed that required by the employer to the employee. This change to 3 months can only be acceptable if they must also give you 3 months notice as well.
That's interesting. Did the law change at some point? Reason I ask is that around the turn of the century I joined a company and they wanted to allow me a week's notice with them having a month. After recovering from the shock I managed to negotiate my notice up to a fortnight (so still out of sync by more than two weeks...). I always thought this was unfair but just sucked it up since I wanted the job and was willing to take the risk.jazzyjeff said:
That's interesting. Did the law change at some point? Reason I ask is that around the turn of the century I joined a company and they wanted to allow me a week's notice with them having a month. After recovering from the shock I managed to negotiate my notice up to a fortnight (so still out of sync by more than two weeks...). I always thought this was unfair but just sucked it up since I wanted the job and was willing to take the risk.
I assume you mean you have to give them one month, they only have to give you two weeks? If so, they cannot enforce the requirement for a month from you.Kevin VRs said:
jazzyjeff said:
That's interesting. Did the law change at some point? Reason I ask is that around the turn of the century I joined a company and they wanted to allow me a week's notice with them having a month. After recovering from the shock I managed to negotiate my notice up to a fortnight (so still out of sync by more than two weeks...). I always thought this was unfair but just sucked it up since I wanted the job and was willing to take the risk.
I assume you mean you have to give them one month, they only have to give you two weeks? If so, they cannot enforce the requirement for a month from you.
Kevin VRs said:
I assume you mean you have to give them one month, they only have to give you two weeks? If so, they cannot enforce the requirement for a month from you.
I am sure my contract says 3 months but don't remember reading anywhere that they need to give me 3 months. hmmmmIf it does not say they also have to give me 3 months if I am made redundant does it make my 3 months notice to them void?
The last 3 jobs I've had have had 3 month notice periods, so not uncommon.
Having said that, never worked more than a month and a half notice when leaving.
Job 1 - took holiday owed, and negotiated that I should leave early.
Job 2 - Just said I wanted to leave after 5 weeks
Job 3 - Made redundant, and they paid me in leiu of notice.
Having said that, never worked more than a month and a half notice when leaving.
Job 1 - took holiday owed, and negotiated that I should leave early.
Job 2 - Just said I wanted to leave after 5 weeks
Job 3 - Made redundant, and they paid me in leiu of notice.
I am on 6 months notice (mid level within the Company) and someone who sits around the corner is a few months into their year's notice period.
In practice, if I was to resign, I would probably be able to get it reduced but in the event of redundancy it definitely works in my favour!
Not sure if the reason I am still here is because I am mightily expensive to get rid of (been here nearly 20 years also)
In practice, if I was to resign, I would probably be able to get it reduced but in the event of redundancy it definitely works in my favour!
Not sure if the reason I am still here is because I am mightily expensive to get rid of (been here nearly 20 years also)
Jimslips said:
I am sure my contract says 3 months but don't remember reading anywhere that they need to give me 3 months. hmmmm
If it does not say they also have to give me 3 months if I am made redundant does it make my 3 months notice to them void?
If your notice period is 3 months either way, then your redundancy pay would be a minimum 3 months unless they give you advance notice.If it does not say they also have to give me 3 months if I am made redundant does it make my 3 months notice to them void?
Goaty Bill said:
Having a 3 month notice period is rarely a bad thing for the employee in my experience.
Of course it's good if you are made redundant, but not so good if you need to escape. Yes, most reasonable employers will let you go after 6 weeks but if they suspect you are leaving to a rival then expect the worst. I've had it both ways, so as to speak.fido said:
Of course it's good if you are made redundant, but not so good if you need to escape. Yes, most reasonable employers will let you go after 6 weeks but if they suspect you are leaving to a rival then expect the worst. I've had it both ways, so as to speak.
When friends have left to rivals they just get put on 3 months gardening leave which they have spent on holidays all over the world, fully paid. Nice.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff