Discussion
Standard disclaimer: I'm about as far from a lawyer/solicitor as you'll get...
As far as I know, there's some law about not being able to be held to a notice period if it would restrict you from gaining alternate employment. And something else about the notice period being reasonable to find a replacement for you. Hence if you're on the exec board of a multi-national, it could easily take a year to find a suitable replacement, so you're stuck there. But if you clean the toilets, it's probably reasonable to assume you can train a monkey to do that in under 30 days. At which point it's down to whether you'd lose your new job over the notice period being greater than that 30 days.
No idea what recess of my mind that came from, but I've definitely heard it before.
My "common sense" advice would be to have a conversation with them and see if they really want a particularly unhappy employee there for almost 500 working hours of potential client-upsetting/system-breaking/bad-mouthing, etc. depending on your role.
As far as I know, there's some law about not being able to be held to a notice period if it would restrict you from gaining alternate employment. And something else about the notice period being reasonable to find a replacement for you. Hence if you're on the exec board of a multi-national, it could easily take a year to find a suitable replacement, so you're stuck there. But if you clean the toilets, it's probably reasonable to assume you can train a monkey to do that in under 30 days. At which point it's down to whether you'd lose your new job over the notice period being greater than that 30 days.
No idea what recess of my mind that came from, but I've definitely heard it before.
My "common sense" advice would be to have a conversation with them and see if they really want a particularly unhappy employee there for almost 500 working hours of potential client-upsetting/system-breaking/bad-mouthing, etc. depending on your role.
I've never worked a complete notice period in any job I've had.
I think generally unless you are vital to the company they have no option but to be flexible as it wouldn't be worth their while taking legal action against you - that's how I've always viewed it anyway.
Disclaimer: This does not constitute legal advice, I am not a lawyer etc etc..
I think generally unless you are vital to the company they have no option but to be flexible as it wouldn't be worth their while taking legal action against you - that's how I've always viewed it anyway.
Disclaimer: This does not constitute legal advice, I am not a lawyer etc etc..
As an employer I would say why don't you honour the contract that you signed? If you were fired without proper notice I'm sure that you would be running off to a tribual to claim compensation.
An employee of mine had done this recently and it is extremely annoying.
But the good news for you (and not me) if that it is not worth your employer doing anything about it. However I would advise not to burn your bridges it usually comes back to haunt you. Reference anyone?!
However as James said they may not want you to stay anyway so talk to them.
An employee of mine had done this recently and it is extremely annoying.
But the good news for you (and not me) if that it is not worth your employer doing anything about it. However I would advise not to burn your bridges it usually comes back to haunt you. Reference anyone?!
However as James said they may not want you to stay anyway so talk to them.
AquilaEagle said:
tell them you are going to a competitor and they will have you out right away. you can usually agree a reduced notice period, after all they dont want to pay you for not working
Sorry but wrong....
Going to a competitor?
Right, stay at home and be ready for a phone call to come into the office at any moment (totally legit). And if you make a single call to an existing client we WILL enforce our contract and take you to court.
Ask yourself, do you want to risk it?
Why do so many employees try to take the rise when they want to go but take offence when a company may need to make redundancies or enforce a contract.
Employment law should be equal and not one sided.
Edited by mogul on Sunday 2nd July 19:58
My only advice is, we all work in a small world here and 'bad press' about people can easily get around in certain circules. Eg, i have been in the IT space since i was 19 and still meet people at different companies, who know me from the older days etc.. I have been under a 6month notice before in a role and to be honest, just sat down and found a middle ground, where everyone won and things were left on great terms.
Simple answer. Sit down and have a sensible discussion about it. Say you're leaving and would like to be released early, and that you'll put your affaris in proper order before you go.
They will almost certainly agree.
That said if they are pig headed about it then you are unlikely to be sued if you just walk, unless you go to a copmpetitor and/or take confidential information etc.
They will almost certainly agree.
That said if they are pig headed about it then you are unlikely to be sued if you just walk, unless you go to a copmpetitor and/or take confidential information etc.
Edited by Vesuvius 996 on Monday 3rd July 16:51
If its not a competitor then there's no point in forcing you to stay - although you may lose contractual rights as a rewsult of the breach - holiday pay and possibly pension etc. The law basically says you can't force people to work against their will - but contractual clauses about competitors do muddy the pool.
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