Notice period mis-match (new job)

[CoolHands]

I started a new job (in education) which a) has a probationary period of 9 months! but more importantly I was just looking today and the notice period from them to me is 1 month; but me to them is 4 months! Is that fair? Can unequal notice periods like that be enforced?

Obviously I took the job cos I need a job so it's not as if any applicant really has a choice - in my case I would of had to say yes to anything as would most people I suspect. But anyway, just wondering.

Edited by CoolHands on Monday 14th January 09:32

[Nickbrapp]

Can they even enforce a notice period? How do they do it?

I left my last job, the notice period was supposed to be 2 months, I have 1 month and left after 2 weeks and all they said is they reject the notice period of 2 weeks.

I then just handed back all my stuff and left. They paid me as they should have

[ozzuk]

Nickbrapp said:

Can they even enforce a notice period? How do they do it?

I left my last job, the notice period was supposed to be 2 months, I have 1 month and left after 2 weeks and all they said is they reject the notice period of 2 weeks.

I then just handed back all my stuff and left. They paid me as they should have

I've done similar but doesn't mean its okay. I don't think they can enforce it per se, but they can come after you for any costs they incurr as a result (for example, get a temp in).

People often complain about notice period when leaving, when the right thing to do is not take the job or negotiate a different period. Aside from that, you are relying on the company not taking you to court.

[anonymous-user]

ozzuk said:

I've done similar but doesn't mean its okay. I don't think they can enforce it per se, but they can come after you for any costs they incurr as a result (for example, get a temp in).

People often complain about notice period when leaving, when the right thing to do is not take the job or negotiate a different period. Aside from that, you are relying on the company not taking you to court.

They could only try and get the incremental cost of the temp above the amount they would have spent on you, if they can prove specific loss to the biz they may be able to claim that, however in most jnr/mid level contracts it is not worth it.

The reality should be as you stated, take a negotiated route with the employer. I can understand with the behaviour of some employers why people may wish to take the FU approach.

[anonymous-user]

An employer can enforce a notice period by applying for an injunction to restrain the employee from working for another employer during the notice period. Whether an employer will do so depends on the length of the period, and other factors. The employee cannot be forced to work . Unequal notice periods are permissible.

[CoolHands]

thanks

I've just been looking again and wonder if anyone knows whether my 4 month notice is prioritised over 2 months re the following:

In my contract under the Commencement of Employment section, it states (the above info) during the probationary period my employment may be terminated by (them) giving me 1 months written notice or (me) giving them 4 months notice.

But later in a different section titled Notice and Termination of Employment it states Either Party may terminate your employment at any time by giving 2 months' notice...

no reference is made here to probationary period etc.

So my question would be, could this be used (by me) to only give 2 months notice rather than 4 months written earlier in the document in the probationary period. ie even though I'm in my probationary period I would like to exercise my rights under the Termination section which is only 2 months.

Yes, I want to know if I can weasel out of my exceedingly long notice period if necessary

[anonymous-user]

As drafted, the longer notice period applies during the probationary period. An odd arrangement and possibly a drafting error. You could try giving two months notice and see how the employer responds.

[anonymous-user]

I add that I can see a sort of logic in an employer insisting on longer notice during probation than after it, so as to obtain a minimum period of stability.

[CoolHands]

yeah me too. Thanks.

[Integroo]

What's the industry?

Three months is the norm in my profession, four months is very long unless you are a very senior decision maker etc.

The risk you run is they don't give a reference if you don't respect their notice period. They can also in theory pursue you for costs i.e. covering your absence with temporary cover, but unless you are particularly senior / expensive it is unlikely they will do so.

[Blanchimont]

I had it in a previous job. Was emphatically told it was a week until I passed probation. Didn't like the job, so moved. Went to hand my notice in, told for me it's 1 month, and there never was a probationary period.

Left 9 months ago, no recourse.

[Shakermaker]

Integroo said:

What's the industry?

Three months is the norm in my profession, four months is very long unless you are a very senior decision maker etc.

The risk you run is they don't give a reference if you don't respect their notice period. They can also in theory pursue you for costs i.e. covering your absence with temporary cover, but unless you are particularly senior / expensive it is unlikely they will do so.

He said education in the opening post

My wife (teacher) has a similar notice period, if you're leaving, they want to know about it early enough to get someone new in at the start of a term, rather than midway through if possible, plus of course teachers can't easily book work days off to go for interviews at new schools.

[CoolHands]

Yeah I work in a school in a support staff post, not a teacher so this isn't the usual termly resignation dates thing, just a standard employment contract.