Jump to content

Notice Periods


Gavilan
 Share

Recommended Posts

If your employer is reasonable you should be able to sort it out. Explain that the new job offer requires that you start on that date, and it's a great opportunity for you blah, blah. Tell them you'll be fully committed to any hand-over they need you to give to your replacement, but that you really need to be able to just work 2 rather than 3 months.

 

Failing that, talk to a legal type - I'm not sure they can legally enforce 3 months anyway. Some EU stuff. An HR lass at my last company admitted it when challenged by someone who only ended up doing 4 weeks despite his contracted 3 months. .

Link to comment
Share on other sites

If your employer is reasonable you should be able to sort it out. Explain that the new job offer requires that you start on that date, and it's a great opportunity for you blah, blah. Tell them you'll be fully committed to any hand-over they need you to give to your replacement, but that you really need to be able to just work 2 rather than 3 months.

 

Failing that, talk to a legal type - I'm not sure they can legally enforce 3 months anyway. Some EU stuff. An HR lass at my last company admitted it when challenged by someone who only ended up doing 4 weeks despite his contracted 3 months. .

 

Reasonable? Its PwC. I'm sure you recall that reasonable ain't in their vocab

Link to comment
Share on other sites

If your employer is reasonable you should be able to sort it out. Explain that the new job offer requires that you start on that date, and it's a great opportunity for you blah, blah. Tell them you'll be fully committed to any hand-over they need you to give to your replacement, but that you really need to be able to just work 2 rather than 3 months.

 

Failing that, talk to a legal type - I'm not sure they can legally enforce 3 months anyway. Some EU stuff. An HR lass at my last company admitted it when challenged by someone who only ended up doing 4 weeks despite his contracted 3 months. .

 

Reasonable? Its PwC. I'm sure you recall that reasonable ain't in their vocab

 

In which case, speak to your prospective employer's HR dept, tell them about the problem and see if they can exert any pressure on PwC.

Edited by GeordieMessiah
Link to comment
Share on other sites

they'd have to show you were pretty essential but on the other hand YOU benifit from the 3 month notice period so it might be tough to argue

 

just say that you reckon 2 months should be enough and you'll work yer bollocks off for the old company if they let you off early - DO NOT SAY YOU WILL HAVE AN "ATTITUDE PROBLEM" - they should be able to figure that out

 

Under NO circumstances tell the old company (or any of your mates in it either) where you are going until you have an absolutely solid contract with the new one - I know of cases where the old outfit has run someone off in similar circumstances and then called up the new outfit and screwed up the offer

Link to comment
Share on other sites

they'd have to show you were pretty essential but on the other hand YOU benifit from the 3 month notice period so it might be tough to argue

 

just say that you reckon 2 months should be enough and you'll work yer bollocks off for the old company if they let you off early - DO NOT SAY YOU WILL HAVE AN "ATTITUDE PROBLEM" - they should be able to figure that out

 

Under NO circumstances tell the old company (or any of your mates in it either) where you are going until you have an absolutely solid contract with the new one - I know of cases where the old outfit has run someone off in similar circumstances and then called up the new outfit and screwed up the offer

 

 

:baby: Actually come to think of it so have I...

 

Ignore my previous advice and follow the Robster's advice to the letter. Older and wiser.

Link to comment
Share on other sites

Notice periods are pretty simple.

 

Both sides can sue on them in the event of a breach but that means little on its own, you have to ask what the respective remedies would be.

 

Obviously if it was the employer not honouring it then it would automatically entitle you as employee to three months wages. If it was you not honouring it however then you dont owe them wages (obviously) as you don't contract to pay them wages. They could argue that you owe them the equivalent of what they would have paid you in wages because that is what they deem you are worth, but then that doesnt really stack up because you would be right to ask, have they actually lost this sum? ie they would obviously just be paying that to someone else anyway if they were to get someone in to do your job.

 

The damage to an employer caused by breaking a long notice period is usually (ie unless you're absolutely pivotal to an organisation and there are lucrative contracts depending on you alone), the inconvenience to re-recruitment etc. and being able to plan to bring someone else in to do your job.

 

If just about anyone can do your job (like say, Gemmill), then you can see that the notice period isn't actually anything much apart from a convenience to your employer to re-recruit, and usually the way it is enforced is the threat of not providing a reference if it is broken.

 

Negotiation is always the best course though if possible and everything I've said above is subject to the actual terms of your contract. So if it says specifically what will happen to you if you breach it then you have your answer there already.

Link to comment
Share on other sites

Mancy and his Fancy Dan legal talk to the rescue!

 

Expect the invoice by PM.

 

 

I'm your man, but I cannot be bothered at the moment :baby:

 

You do employment law Berb?

 

 

Aye. Always been interested in it, firstly as a shop steweard, then from a management side. It was my specialist subject in post grad.

 

In my position now I handle the emp. law issues

Link to comment
Share on other sites

Mancy and his Fancy Dan legal talk to the rescue!

 

Expect the invoice by PM.

 

 

I'm your man, but I cannot be bothered at the moment :baby:

 

You do employment law Berb?

 

 

Aye. Always been interested in it, firstly as a shop steweard, then from a management side. It was my specialist subject in post grad.

 

In my position now I handle the emp. law issues

 

I thought you ran your own company and employed loads of people?

Link to comment
Share on other sites

Mancy and his Fancy Dan legal talk to the rescue!

 

Expect the invoice by PM.

 

 

I'm your man, but I cannot be bothered at the moment ;)

 

You do employment law Berb?

 

 

Aye. Always been interested in it, firstly as a shop steweard, then from a management side. It was my specialist subject in post grad.

 

In my position now I handle the emp. law issues

 

I thought you ran your own company and employed loads of people?

 

I do, but because I hire n fire etc and we are managing hundreds of temps and perms I, get involved. (strategic level only :baby:

Link to comment
Share on other sites

Anyone got any tips for negotiating out of a 3 month notice period at work?

 

Getting a formal job offer today, new boss wants me to start 1st March but I have a bastard 3 month notice period.

 

so basically you want your cake and eat it?

 

some fucking people

Link to comment
Share on other sites

I normally notice periods when her tits swell up and she bollocks me for not doing the hoovering.

 

Contraversial.

 

Controversial.

 

I'd have let you off it was once in the one thread, but not twice.

 

I'm currently hoping that a job I've applied for don't ask for references until I've as good as got it. If our MD finds out I'll be out of the door almost instantly.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.