Question about notice period at work

sfm82

Hi there,

I've got a question about my notice period at work and whether I have to work it or not.

Basically I am currently working in retail and have signed a contract which states that I must give 4 weeks notice when I wish to leave. I am trained in architecture and while I am working I am actively looking for a job in architecture, my manager is aware of this and recently reduced my hours so that I had time to look for architecture work.

As architecture jobs are few and far between at the moment I am afraid that when I find one they will want me to start right away or the position will be given to another candidate if I tell them I can only start in a months time.
I dont want to leave my current employer in the lurch by just randomly leaving when I find my job in architecture.

So my question is if I *have* to work my notice period. I am currently on a 25h/week contract and have taken half of my holiday entitlement I'm due another 3 weeks. I don't mind working a weeks notice but I think 4 weeks would be unrealistic given the amount of competition there is out there for the very few architecture jobs available.

So say for example I find a job in architecture on monday can I go to my manager and say I have found my dream job but they want me to start straight away is that ok? Or can they insist I work my notice period.

WWYD?

heretolearn_2

They can insist that you work your notice period, but in practise there's not much they can do if you just walk out.

Re the holiday - nice theory and if you had 3 weeks left, then most employers will let you have that as part of your notice period. However, I think you might be overstating what you have left, unless you work for an extremely generous employer. You say you have taken 3 weeks and have 3 weeks left. This would only be the case if your employer were giving you 12 weeks a year (assuming their leave year runs Jan-Dec). Don't forget leave is pro-rata'd. If you have 6 weeks leave a year, and their leave year is Jan-Dec, by the end of June you will have 'earned' half the years worth - 3 weeks. So you'd have no leave left to 'take'. If their leave year runs from April (some do) you may even find that you've had too much leave and owe them!

DCFC79

It depends if your on good terms with them. If you leave them now i can imagine they wouldnt be best pleased as they would be 1 person down

mgirl_2

In theory they can insist on a notice period, but employers often waive it; it depends on whether they think they will be better off with an employee who doesn't want to be there or an employee short while they try to recruit someone else. Where your notice period is imposed, you can usually use you remaining holiday to bring the date you leave forward, but you might still be employed until the end of that holiday period. Remember that employers know that someone who has a job will have a notice period.

When you get your job offer, think of it as a bit of negotiating with both employers. I would wait until you get a job offer, tell them that you're on 4 weeks notice but will ask your current employer to let you leave sooner if they want you to start sooner (if they ask if you can start straightaway you could say something like 'I'm on 4 wks notice, but I think they'll let me leave immediately'). Then I'd tell your current boss that you've really enjoyed your time there, but have found your dream job and they would like you to start (whenever they actually want you to start) and would that be ok...

Horace

If you are contracted to give 4 weeks' notice then that is what you have to give. You state that you have 3 weeks holiday left - when does your holiday year run to? If its January to December then you won't have 3 weeks left and if you gave your 4 weeks notice that you would only get your holiday entitlement paid pro rata (they will take the holiday you have taken and work out at the point of leaving how much holiday you are due).

4 weeks' notice is not unreasonable and is fairly standard - some jobs require you to give 3 months' notice.

ConfusedDep

When it comes to retail it can be a bit different depending on how many staff they have and how many hours the other staff are doing and the time of year.

If you get on with your manager then chances are they will be able to cover the hours you cannot do with other staff. Managers tend to have a lot of say and are given set number of hours per week to cover with x number of staff. You may depending on where you work have to volunteer to do the weekend shifts and be working two jobs for a while (exhausting but do-able). Assuming the new job was a nice Monday to Friday and the retail job is seven days a week.

Quite often in retail many staff don't cover the notice period and your manager will be aware of this.

Premier_2

You are contractually obliged to give the notice stated.

Most holidays need the prior approval of the company (refer to your contract for details), so the company may not approve any holiday in lieu of notice period to be worked.

Failure to provide the notice stated in the contract would leave you liable for breach of contract. (Whether the company then pursues their rights is a different question)

Zazen999

If it ever happened, then go and see your current boss and ask.

In the meantime - be nice to them!

sfm82

The main reason I asked to have my hours reduced was so that they weren't so dependant on me. I am contracted to 25 hours but my manager has been giving me full time hours because she had the money to give out but no staff. Since I've asked her to reduce my hours back to my contracted 25hours a week she's decided to employ two more people on two 8 hour contracts, so we have more staff on our floor to cover my hours if I leave.

I'd be completely prepared to work on the weekends for my notice period as well as the week day office dream job I just feel like it's a bit cheeky to just leave even if I find another job. I'm also thinking that if a new employer can't accept the fact that there is a notice period on your current job and won't employ you because of that then it's a reflection on the type of office they run and would I want to work there.

About the holidays they run from April to April, I got confused about how much I've had this year as I had to take a whole bunch at the end of march before the year ran out as I hadn't taken any holidays since starting in October! I definately have 3 weeks remaining as I have two weeks in October booked and another in January.

I think I might just talk to my manager when the time comes, she understands that retail isnt a career for me and she always asks how the job hunt is going so I'm sure we could come to some arrangement.

I was just confused as somebody told me that a period of notice only has to be worked if you want paid for it and that you can just give notice and leave 'effective immediately' and just not be paid for those 4 weeks.

Thanks for all your replies

heretolearn_2

I definately have 3 weeks remaining as I have two weeks in October booked and another in January.

You still don't quite understand holiday entitlement. If you were working there until next April, then you have those three weeks left. You don't get them if you leave before that - leave is pro rata'd. IF you leave at the end of June, say, you have used all your annual leave.

Zazen999

If you left at the end of june [say] and the leave year is april to april; then to enable you to have the 2 weeks off you would have to have 40 days leave each year as apr to june is 3 months out of the 12 that the leave year covers.....so you have only accrued 3/12 [1/4] of your yearly leave entitlement. Whether you have leave booked is not relevant! They will just not pay you for the days that you have not accrued.

As I said earlier; this might not happen anyway, so deal with it if it does.