Unfair and unreasonable notice period?

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  • TELLIT01
    TELLIT01 Posts: 16,479 Forumite
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    Tammy8889 wrote: »
    I won't be fabricating any information on my CV either, I can simply fill the gap with my own business which I run on the side (known by current and future employer).

    Sorry but you seem to have a tenuous grasp on what the truth is. If you omit your current employment from your CV you are definitely 'fabricating' information on it, as it doesn't provide a true employment history.
  • Reue
    Reue Posts: 569 Forumite
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    sangie595 wrote: »
    the court will not consider your opinion on the reasonableness of the clause. They will only concern themselves with the existence of the clause.

    The existance of a clause does not make it reasonable and that is of concern to the courts.

    Infact it's of such concern that laws exisit specifically stating that reasonableness is a consideration: https://en.wikipedia.org/wiki/Unfair_Contract_Terms_Act_1977
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    Reue wrote: »
    The existance of a clause does not make it reasonable and that is of concern to the courts.

    Infact it's of such concern that laws exisit specifically stating that reasonableness is a consideration: https://en.wikipedia.org/wiki/Unfair_Contract_Terms_Act_1977
    You haven't read that particular legislation, have you? I suggest you do... Then explain how it applies.
  • patman99
    patman99 Posts: 8,532 Forumite
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    I worked for a company that was so had that I have never put it on my CV. Never had any issues in the 7 years since I left.

    Mind you, I was a factory worker, so easy to replace.

    As you are a software developer, you would be harder to replace. Hence the long notice period.
    Your current employer must be very frustrating as you could potentially do a lot of damage by deliberately writing sloppy code.

    It therefore surprises me that they have such a long notice period.
    Never Knowingly Understood.

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  • Energize
    Energize Posts: 509 Forumite
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    TELLIT01 wrote: »
    Lying on a CV isn't a great idea. With the new HMRC system for companies to update payroll information 'live', I don't know if a new employer would be able to see who you'd worked for previously. If so, I can imagine your new job wouldn't last too long.

    It's not lying to omit a role from your CV.

    A candidates CV is not a complete employment history, it is what they feel is relevant to qualify them for the position.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    Energize wrote: »
    It's not lying to omit a role from your CV.

    A candidates CV is not a complete employment history, it is what they feel is relevant to qualify them for the position.
    That is the definition of "lying". Only tell people what you want them to know and don't tell them what you don't. Lying by omission is still lying. If the heading on your CV says "A selective history of the jobs that I chose to tell you about" then no, you aren't lying. If it says "Employment history" and you leave inconvenient jobs out, it is lying.
  • patman99
    patman99 Posts: 8,532 Forumite
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    Unless you are applying for specialised role, the prospective employer is unlikely to bother checking back more than 10 years anyway.
    Never Knowingly Understood.

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  • Energize
    Energize Posts: 509 Forumite
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    sangie595 wrote: »
    That is the definition of "lying". Only tell people what you want them to know and don't tell them what you don't. Lying by omission is still lying. If the heading on your CV says "A selective history of the jobs that I chose to tell you about" then no, you aren't lying. If it says "Employment history" and you leave inconvenient jobs out, it is lying.

    What an absurd assertion. Not having every role you have ever worked in is not a lie of omission. It is considered the norm to only include roles of relevance/significance on a CV, that is what is expected by employers. Leaving off a job which only lasted a few weeks or that job you had 10 years ago stacking shelves at Tesco is not making a false representation, it's called putting your best foot forward. Employers are free to ask for a full employment history or question any gaps in the interview process if they wish.

    Heaven forbid that my employer finds out about that D in GCSE German I left off my CV or the 2 month admin job I did between proper career roles a couple of years ago...
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
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    I see a lot of these posts, it's not rocket science (though that could have a long notice period due to complexity!) if you don't like the terms of the contract then the time to negotiate is BEFORE you accept the role. It could be the salary factors in the notice requirement, it could be its generic for the level, whatever, its the terms they offer to employ you.

    So many people look at their contracts only when they get an issue, and then complain its not fair. Not fair is agreeing to those terms, accepting compensation (salary) then looking for a free ride out.
  • lpd222
    lpd222 Posts: 19 Forumite
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    I could be wrong here but, if you're not going to use them for a reference, not going to acknowledge them on your CV then why not just not turn up for work?

    Work the time they've paid you for & then don't go back - what can they do?

    I know someone who did this about 10 years ago, the company were so rubbish, he got fed up of them & never went back. They rang to see where he was, he told them he wasn't coming back & why & that was the end of it.

    Has something changed & you can be taken to court for not working your notice? If you haven't been paid for it then where's the issue? Apart from the moral one of leaving them in the lurch obviously.
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