Notice periods
Discussion
After a period of unemployment I started a position back in March this year. I haven't been 100% with the company since being there and subsequently I have been offered another position elsewhere for considerably more than I'm on now. My contract states 1 month notice period up until a 6 month probationary period then 3 months notice thereafter. I haven't been informed that I'm out of my probation and I submitted a months notice 2 days out of that period, so the company have been trying to hold me to 3 months notice!
My contract doesn't refer to the Employments Rights act 1996 unlike my new contract which is far more substantial and in better detail (10 pages as opposed to 1.5...)
I don't really want to burn my bridges and obviously I would prefer a satisfactory reference, all be it I feel 6 months is a difficult period to judge someone fully in a company. But what are my chances of throwing the contract back in there face using any legal information I can find to make such a contract null and void?
Its not as if I'm higher management being only a maintenance role but I feel 3 months is an unreasonable request to make for less than a years employment.
Cheers
My contract doesn't refer to the Employments Rights act 1996 unlike my new contract which is far more substantial and in better detail (10 pages as opposed to 1.5...)
I don't really want to burn my bridges and obviously I would prefer a satisfactory reference, all be it I feel 6 months is a difficult period to judge someone fully in a company. But what are my chances of throwing the contract back in there face using any legal information I can find to make such a contract null and void?
Its not as if I'm higher management being only a maintenance role but I feel 3 months is an unreasonable request to make for less than a years employment.
Cheers
OP, you know the answer to this one.
Put simply instead of you resigning when you did let's say they gave you notice.
Now. How many months money would you want to leave immediately?
Talk to them, explain you're not happy and that's why you were looking. Give them a week to calm down and they will hopefully play ball
Put simply instead of you resigning when you did let's say they gave you notice.
Now. How many months money would you want to leave immediately?
Talk to them, explain you're not happy and that's why you were looking. Give them a week to calm down and they will hopefully play ball
MitchT said:
Correct me if I'm wrong but I'm under the impression that unless there is a SIGNED contract stating otherwise the employer and employee are only obliged to recognise each other's statutory rights, which is one week's notice if the period of employment is between one and 24 months.
This is me correcting you because you are wrong. Mikey G said:
...
My contract states 1 month notice period up until a 6 month probationary period then 3 months notice thereafter. I haven't been informed that I'm out of my probation ...
Oddly, this point is raised quite often here. The probation period is six months. That means that it ends after six months have passed. Six months means six months. It doesn't mean "six months and when we tell you". My contract states 1 month notice period up until a 6 month probationary period then 3 months notice thereafter. I haven't been informed that I'm out of my probation ...
I'd just like to jump on the back of this rather than start another thread. Slightly different scenario but same kind of thing.
I have signed a contract saying I am required to give 3 months notice (my employer has to give me one month). Couldn't really argue/refuse at the time as I imagine refusing to sign a new contract on the grounds of notice period (with a small pay rise at the same time!) makes it quite clear about lack of commitment and desire to move on in the not too distant future!!
I have been for a couple of interviews in recent months where I am asked what my notice period is, upon saying 3 months i'm asked if that is negotiable. I explain that's something I can't really negotiate until in a position to do so (for obvious reasons!).
I also know that i've been down to the last couple of candidates in these interviews and that they have wanted the position filled pretty quickly. I have a friend who is a senior figure in the large PLC I have been interviewed for (although these roles are out of his division), and he openly says that if presented with two equal candidates but one can start in a month and the other three, then the one with 3 months notice is disadvantaged.
I also currently work in a role where I can't for the life of me see them letting me go earlier than contract notice period no matter how difficult I tried to be, as it's a business critical role and as a department we are already under staffed.
So, if I were to get to an interview and tell them I could start in a month and carried this through by breaching my contract, what would/could be the implications? I have tried an email to Citizens Advice but they don't wish to advise by email so I hope PH can shed some light?
Cheers,
Rob
I have signed a contract saying I am required to give 3 months notice (my employer has to give me one month). Couldn't really argue/refuse at the time as I imagine refusing to sign a new contract on the grounds of notice period (with a small pay rise at the same time!) makes it quite clear about lack of commitment and desire to move on in the not too distant future!!
I have been for a couple of interviews in recent months where I am asked what my notice period is, upon saying 3 months i'm asked if that is negotiable. I explain that's something I can't really negotiate until in a position to do so (for obvious reasons!).
I also know that i've been down to the last couple of candidates in these interviews and that they have wanted the position filled pretty quickly. I have a friend who is a senior figure in the large PLC I have been interviewed for (although these roles are out of his division), and he openly says that if presented with two equal candidates but one can start in a month and the other three, then the one with 3 months notice is disadvantaged.
I also currently work in a role where I can't for the life of me see them letting me go earlier than contract notice period no matter how difficult I tried to be, as it's a business critical role and as a department we are already under staffed.
So, if I were to get to an interview and tell them I could start in a month and carried this through by breaching my contract, what would/could be the implications? I have tried an email to Citizens Advice but they don't wish to advise by email so I hope PH can shed some light?
Cheers,
Rob
The worst case scenario is that your employer obtains an injunction that prevents you from working for anyone else during your notice period. It would have to pay you during the period. Another possibility is that the employer sues you for the cost of replacing you early. Or, the employer might do nothing. Much depends on what your job is.
Breadvan72 said:
MitchT said:
Correct me if I'm wrong but I'm under the impression that unless there is a SIGNED contract stating otherwise the employer and employee are only obliged to recognise each other's statutory rights, which is one week's notice if the period of employment is between one and 24 months.
This is me correcting you because you are wrong. Breadvan72 said:
A contract of employment can be made in writing (this includes emails etc), orally, or can be inferred from conduct. That is basic common law stuff. ACAS are utterly useless and should not be relied on for anything.
If a contract can be made orally then how do you prove who said what?Breadvan72 said:
Mikey G said:
...
My contract states 1 month notice period up until a 6 month probationary period then 3 months notice thereafter. I haven't been informed that I'm out of my probation ...
Oddly, this point is raised quite often here. The probation period is six months. That means that it ends after six months have passed. Six months means six months. It doesn't mean "six months and when we tell you". My contract states 1 month notice period up until a 6 month probationary period then 3 months notice thereafter. I haven't been informed that I'm out of my probation ...
My OH has just been through the same thing; been with the company nearly 12 months and offered a new position. Her contract states a 6 month probation period ending upon receipt of written confirmation by the company.
She never received written confirmation, despite repeated requests. They then tried to hold her to 4 weeks when she handed in her notice. As they hadn't signed off her probation, she went back and offered to work a week (as per her contract notice period before the end of her probation), which they reluctantly accepted.
Short version; check your contract for notice and probation sign off Ts & Cs.
Well after a few discussions its been sorted, one month it will be but it means I wont get a holiday before I start the new job. They agreed early on 3 months was unrealistic but still tried to hold me longer than a month.
I'm glad my new contract is a lot more specific and clearly done with the intention of covering everything properly.
I'm glad my new contract is a lot more specific and clearly done with the intention of covering everything properly.
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