Notice question

[okgo]

Hi guys,

I know there are a few clued up HR and employment specialists on here, so thought I'd ask a question as I'm in a situation potentially..

I've been offered a new role that thought I was on 1 month notice and they've sent the paperwork etc on the assumption that I'm on 1 months notice - however I'm actually signed up to give 3 months.

Now they have said would it be possible for me to push to get a reduction to start earlier, ideally in about a month at the start of new financial year.

My issue is that I want to know from them that in the worst case, they're happy to proceed if I do have to work out my 3 months and I won't be mentioning it in my current place until that has been confirmed with a new contract reflecting 3 months from now - first question is whether you guys think that is the right course of action, as they can edit it if I do end up getting released early?

My second question is this - do I have to work my entire 3 months notice? It a bit much for the type and level of role I am in (no people management, and mid level account management position), or is there a legal way I can get out of it?

Thanks guys!

[djfaulkner]

No idea on the legal side - but how much holiday have you got?

Could you some of that as part of your notice period?

[okgo]

djfaulkner said:

No idea on the legal side - but how much holiday have you got?

Could you some of that as part of your notice period?

Our Holiday runs from April to April, so I would literally have just had it reset and I guess you gain holiday on pro rata basis so I couldn't cash in my entire 26 days to lop a month off my notice?

[Gargamel]

So, firstly you need to re assure your new place you will be doing everything in your power to get out early.
So call them, tell them you have a meeting with your manager in which you are resigning. But ask them to confirm in writing that if you are held to the full three months contract terms that they still want to hire you.

This is important, in writing, confirmed. if they say no, it is a one month period then you have two options.

1, Negoitiate with your current firm - accepting this puts you at serious risk of having neither role.

2. Are you prepared to walk ? (I would never suggest this as a course of action as there are possibilities here, however unlikley for legal redress)


In terms of how to negotiate, I suggest that you offer to really put the work in for a month, write up an extensive handover, not take any holiday etc

If however they want to hold you to the full three months, it is surprising how little will actually get accomplished. After about six weeks of notice

[okgo]

Thanks Gargamel.

The only issues are likely that in my small team (two of us and one manager) is that the other chap is heading away on hol in April for a few weeks, so I have a nagging feeling he will want me to stay til when he gets back...

[Gargamel]

Still, even you can get it down to 8 weeks, it is not a bad result.

We do also put pressure on people to negotiate notice periods, however if in the end it lands at three months the reality is that is quicker than starting from scratch with a new search for someone else.

[okgo]

Gargamel said:

Still, even you can get it down to 8 weeks, it is not a bad result.

We do also put pressure on people to negotiate notice periods, however if in the end it lands at three months the reality is that is quicker than starting from scratch with a new search for someone else.

Yes, I think they will end up saying its fine to wait, but I just wanted to make sure, so just waiting for confirmation from him.

As you say I could potentially get it down to 2 months which wouldn't be too bad.

[TurricanII]

The subject of notice is a common one here. Don't get too hung up on a contract. The new employer can fire you easily for no reason up to two years from your start date. I'd make sure I had a cash buffer in the bank and don't burn bridges.