Discussion
If he signed a contract that said this then, he should work it.
Most companies will usually want you out the door on gardening leave to limit the damage you could do but also limit the value of information you might pass to a competitor (as it will be out of date.
It's a contract, both parties signed it, both parties should stick to it.
Most companies will usually want you out the door on gardening leave to limit the damage you could do but also limit the value of information you might pass to a competitor (as it will be out of date.
It's a contract, both parties signed it, both parties should stick to it.
As already posted, will have to do so if it's in the contract. There may be a get-out if as you say equivalent personnel only have one month in their contract - I think this counts as unreasonable restraint of trade, but I'm not an employment lawyer. Sounds like he might need some expert advice.
if its in the contract then yes they can, best thing to do is to try and negociate out of the 3 months.
"I dont want to be here I want to move on, if you really insist then I will turn up for the next 3 months"
It happened to me before and my boss did it to me to try and make life difficult so I went to her boss and negociated at that level.
3 months notice can be both a blessing and a curse if they want to get rid of you its that much more money for you so it can work both ways.
Alternativtly the new hiring company may be able to get references and stuff done fast and say OK we are all set now just need you to turn up.. Then just stop turning up at the old place and turn up at the new. he might be on emergency tax and will be on his old record as being fired for not turning up but depends on if you care about that or not.
"I dont want to be here I want to move on, if you really insist then I will turn up for the next 3 months"
It happened to me before and my boss did it to me to try and make life difficult so I went to her boss and negociated at that level.
3 months notice can be both a blessing and a curse if they want to get rid of you its that much more money for you so it can work both ways.
Alternativtly the new hiring company may be able to get references and stuff done fast and say OK we are all set now just need you to turn up.. Then just stop turning up at the old place and turn up at the new. he might be on emergency tax and will be on his old record as being fired for not turning up but depends on if you care about that or not.
Whoozit said:
As already posted, will have to do so if it's in the contract. There may be a get-out if as you say equivalent personnel only have one month in their contract - I think this counts as unreasonable restraint of trade, but I'm not an employment lawyer. Sounds like he might need some expert advice.
The others that left also had 3 months in their contract but the company let them leave after a month. Would their be some kind of precedent set ?
dazren said:
If it's in his contract of employment they can make him do the three months. Wether they want to keep him around is another matter.
DAZ
If the company want him to go any earlier then they will pay in lieu of notice. It's always worth trying to negotiate with your boss, but make sure everything that is agreed is put in writing.
nick heppinstall said:
The others that left also had 3 months in their contract but the company let them leave after a month. Would their be some kind of precedent set ?
AFAIK it's up to the company on an individual basis. They signed up to 3 months notice & should have the decency to sit it out if requested.
Aren't these situations only ever about negotiation? Both parties sign up for 3 months (presumably) so both parties have to abide by that, worst case.
In a nutshell, the 2 situations are:
I want to leave my company, can I leave early? Yes with agreement go whenever, or No stay till the end of notice period.
Or
My company wants to leave me, can they get me to leave early? Yes with agreement go whenever with payment in lieu of notice, or No stay till the end of the notice period.
Or have I massively over-complicated the options....?
In a nutshell, the 2 situations are:
I want to leave my company, can I leave early? Yes with agreement go whenever, or No stay till the end of notice period.
Or
My company wants to leave me, can they get me to leave early? Yes with agreement go whenever with payment in lieu of notice, or No stay till the end of the notice period.
Or have I massively over-complicated the options....?
At the end of the day, its completely un-enforceable...
If he REALLY wants to leave and start at the new company, just go. The old company CANNOT force him to work for him , the best they could expect, if they took it to court, would be the judge ordering him not to work for the new company. but, very difficult to enforce.
The best solution is to take it as high up the ladder as he can and negotiate out of it ie I want to leave, you don't have to pay me, just let me go. If they insist on him staying, he'll do bugger all anyway and it'll be bad for hte rest of the team.
If I was in the old companies position, as soon as someone said they wanted out, I'd let them go. No-one is THAT critical to a business that they cant be replaced, one way or another.
If he REALLY wants to leave and start at the new company, just go. The old company CANNOT force him to work for him , the best they could expect, if they took it to court, would be the judge ordering him not to work for the new company. but, very difficult to enforce.
The best solution is to take it as high up the ladder as he can and negotiate out of it ie I want to leave, you don't have to pay me, just let me go. If they insist on him staying, he'll do bugger all anyway and it'll be bad for hte rest of the team.
If I was in the old companies position, as soon as someone said they wanted out, I'd let them go. No-one is THAT critical to a business that they cant be replaced, one way or another.
Blimey, you guys are very committed, even when you arent and you decide to leave. The most notice I have ever served is as long as it takes to clear my desk, get my stuff out of the company motor and call a cab. Certainly a lot longer than the decision to leave anyway 
(Never been sacked though 
)
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