Notice period - ability for employer to extend it?

[moustachebandit]

I am planning on handing in my notice in 6 weeks time. Had enough of my employer and my role within the business has changed so significantly as the result of a restructure I am a million miles from where I want to be work wise. If I stay any longer it’s going to affect my career and also restrict my line of work.

Checking the HR policy it states I need to give 1 months notice. Which suits me as It will take me right up to the end of the year and I start afresh in 2013!

What I need to know is what power the company has over demanding I work more notice?

With me leaving they are going to be very exposed on a major project and I am concerned they will realise this and do what they can to delay me leaving.

Any advice is appreciated.


Thanks

[V8mate]

I don't understand why people work their notice unless their contract ties payment of certain additional benefits, e.g. bonuses, to fulfilling a notice period.

Come payday, just tell 'em you won't be back tomorrow.

[randlemarcus]

V8mate said:

I don't understand why people work their notice unless their contract ties payment of certain additional benefits, e.g. bonuses, to fulfilling a notice period.

Come payday, just tell 'em you won't be back tomorrow.

Large industries can be remarkably small

ETA : OP, if your contract and the handbook says a month, then that's a month. Make sure your resignation letter states the date of your resignation, and the last day you will work, including any holiday due (or not, if you'd like them to pay money for that due holiday)

[V8mate]

randlemarcus said:

Large industries can be remarkably small

ETA : OP, if your contract and the handbook says a month, then that's a month. Make sure your resignation letter states the date of your resignation, and the last day you will work, including any holiday due (or not, if you'd like them to pay money for that due holiday)

The decision whether to pay outstanding holiday or release you early rests with your employer, IIRC.

[Landlord]

I believe that you are only tied by what your contract says. Employers can only request that you give more notice. Agree about some industries being very small - never worth burning your bridges no matter how aggrieved you feel.

That said, I'm not "qualified" in anyway to say the above so a call to ACAS might well be in order.

[prand]

Notice periods and end dates can usually be set by mutual agreement to suit both parties once you discuss handing your notice in with your manager. This may or usually may not include some inducements if you are leaving the conpany in a sticky situation. It would not really be possible fir a company to extend it unilaterally, Unless your employer refuses to accept your resignation that is!

[onyx39]

moustachebandit said:

With me leaving they are going to be very exposed on a major project and I am concerned they will realise this and do what they can to delay me leaving.

Don't see how they can. The major project is THEIR problem, not yours!

[essayer]

Bottom line is, they can't.
They can't change your contract of employment without your agreement, if they want to force it on you you don't have to accept, and you are leaving anyway.

It's up to you to decide whether the impact on yourself or your next job start date outweighs the goodwill, contacts etc. you might gain from your work colleagues!

[prand]

essayer said:

Bottom line is, they can't.
They can't change your contract of employment without your agreement, if they want to force it on you you don't have to accept, and you are leaving anyway.

It's up to you to decide whether the impact on yourself or your next job start date outweighs the goodwill, contacts etc. you might gain from your work colleagues!

Agree - your notice period will be in your contract and your comapny will not be able to force you to change it at the last minute.

Re-reading your orignal post, I'd also add this: if you are ready to leave now (job offer, contract and start date in the bag for instance), I'd give my notice now, at least unofficially. As a manager I'd much prefer to know sooner than later (so I can start giving you a really hard time like the bloke on another similar post today!) This might help all parties with your concern about leaving the, in the lurch.

[MrPicky]

prand said:

Agree - your notice period will be in your contract and your comapny will not be able to force you to change it at the last minute.

Re-reading your orignal post, I'd also add this: if you are ready to leave now (job offer, contract and start date in the bag for instance), I'd give my notice now, at least unofficially. As a manager I'd much prefer to know sooner than later (so I can start giving you a really hard time like the bloke on another similar post today!) This might help all parties with your concern about leaving the, in the lurch.

Put your notice in now and then agree to work up to the end of the year at a higher rate.

[moustachebandit]

Thanks for all the good advice! I am now leaning towards giving them 2 months notice.

It will hopefully mean I will leave on better terms and it will also give them a bit more time to try and fill my role. Whilst I feel a little mistreated by the company (and would love to flip them off with the minimum notice) but I would rather not burn my bridges, just in case I am left without any alternative but to return as a contractor to pay bills.

It’s a large organisation so there are other areas I could work (frustratingly I have been blocked repeatedly from moving internally as they didn’t want to loose me, but then also wouldn’t give me the progression / pay I was after). 6 years service is also almost guaranteed to get me back in the door contracting so I don’t want to throw that option away.

Getting my notice in sooner would also be pretty cathartic, as it means I can stop pretending to care about my job and the work I do.

What if I give them 2 months notice an they turn around and say, F off after a month? Want to make sure I don’t stitch myself out of another months pay by doing the right thing?!

Thanks

[V8mate]

moustachebandit said:

What if I give them 2 months notice an they turn around and say, F off after a month? Want to make sure I don’t stitch myself out of another months pay by doing the right thing?!

Thanks

State your planned last day of employment with them in the letter.

[randlemarcus]

Bit of further advice. Get another job first.

[moustachebandit]

The main reason for leaving is to focus on my business and work for myself. Its the right time to make the move and everything is in place (as much as it ever will be). Been working towards this for the past 2 years now.

[randlemarcus]

moustachebandit said:

The main reason for leaving is to focus on my business and work for myself. Its the right time to make the move and everything is in place (as much as it ever will be). Been working towards this for the past 2 years now.

Then the only reason to stay is to stock up on the last minute paperclips, as you have already got all the IP and client lists. Gird your loins, and JFDI.

[ColinM50]

I'd go with writing a letter on the lines of

"for my personal career development plans I feel it is better for me to terminate my employment with the company and move elsewhere. Whilst my CoE states that I should give you one month's notice, due to the time I have been with the comapny and my regard for the team, I should like to inform you of my intention to leave on 31 Dec 2012, thus giving you two months notice. I trust this meets with your agreement."

Or something similar

If you get on particularly well with one (or more) of your bosses, it can't do any harm to add in lines like, "personally I've always appreciated the help and advice provided by Bert and Lil and would hope that we can work together in the future". You don't have to mean it, but it'll make them look and feel good and make it harder for them to be nasty guys during your notice period.

[moustachebandit]

Thank you, thats very helpful! I will be doing the deed next friday, just before I go off for a weeks holiday. Reckon its going to send them into a tail spin! Oh well, not my problem!