Employer wants to increase my notice period to 3 months

Fluffi

My employer wants to change my contract so my notice period is 3 months instead of 1 month. They say they want to do this to protect the business because it is difficult to find and train replacements within a month, especially for managers like myself because there are no “deputy” or assistant managers that can step into the role. And while I do appreciate why this is a problem for the business I don’t want to accept a 3 month notice period because if I find my work life becomes unbearable or way too stressful I want to know I can walk away quickly! I don’t get guaranteed sick pay so 2 months sick isn’t an option during the 3 months notice period either!

I really like my job. I work hard, including work extra hours in the evenings and weekends just to get stuff done sometimes because I like it – but sometimes factors outside of my control make my job more stressful than it needs to be and I’m worried that a 3 month notice period will make this worse.

Do I have to accept this change? Has this happened to anyone else here? Should I try to negotiate for more money, a one-off payment, extra annual leave and other benefits to compensate me for my loss of flexibility?

Thanks in advance for any thoughts or advice

Edited to add: Redundancy is pretty unlikely and I only get statutory redundancy pay (week per year), getting a new job in my current sector isn't too difficult luckily too

SueC_2

Whenever I've had an extended notice period I've viewed it as a good thing, as it cuts both ways - if the business hits hard times and has to get rid of me for any reason, I have a longer period to look for a new job, and a greater amount of pay in lieu of notice if things go that way. I was once made redundant from a role where I was on a six month notice period, and was put on garden leave, on full pay (plus recompense for benefits I wasn't getting because I wasn't at work), for the entirety. Best six months of my life!

In this day and age I would also be reassured by an employer trying to increase my notice period, for exactly the same reason as above - it would indicate that they weren't planning to get shot of me any time soon!

Fluffi

Thanks SueC for your comments, luckily I'm not worried about redundancy at the moment we're still recruiting additional headcount. Sadly I don't think I'd get put on gardening leave because they will want me working.

Sambucus_Nigra

If you don't like it, then the usual thing would be to either negotiate or not work to the new contract. All my Management roles have been 3 month notice periods - it is pretty usual at that level.

You can get round them, with leave and access to information that the current company really doesn't want you to have [thus reducing usefulness in those 3 months]; in return for really good handover notes and assistance in passing duties to other people.

If you can't negotiate for some benefit in return, then how easy would it be to get another role; and what if that role had a 3 month notice period?

tizerbelle

Another here of the "3 months notice isn't a problem" and I also had a wonderfully indulgent 3 months on garden leave when I was made redundant.

Sambucus makes a good point that sometimes the knowledge you have about a company and it's plans and the extra information you could glean in your notice period is perceived to be more of a risk to them than getting someone upto speed in your role without you being there to train them (and to be honest they should have a decent succession plan in place anyway so that no-one is indispendable) so you get to negotiate a nice lengthy garden leave period with them when the time comes.

Oh and don't foget that if your contract does not have any restrictive covenants in it about working for competitors for a certain period immediately after you leave then a dropped hint that your new employer is the company's most-feared competitor [or a refusal to say who you are going to work for to anyone] will often get you put on garden leave before you've even had chance to finish your morning coffee!

grumpyoldwoman41

I was always on 3 months notice period.

You can always tell them that if you are so valuable to them that they want to change your notice to 3 months - perhaps they could throw in a nice pay rice to also show their appreciation of your work

getmore4less

Try I wiill take 3 month of you need to give 6 months.

Go for overtime at weekends 1.5 rate pay or TOIL and pay

negotiate redundancy terms to go with the notice over stat.

If new job is easy you have the upper hand to improve your terms for the extension of notice.

negotiate.

What do you want?

hcb42

I am on three months too, does protect you, but does making working notice a slog...however if your role is senior enough, then potential new employer will factor it in.

You might be able to trade something off for accepting it - well this is the time to do so...even if it isnt a big monetary thing.

Ultimately you might have no choice though, if they push the issue...

asc99c

Also got 3 months notice and would say it isn't a problem. But to answer your question, I don't believe you have to accept it. You have to sign a new contract to be put on the new terms, and if you don't sign it you're not on the new terms.

My employer brought out new contracts a while back, containing a load of standard terms for my field, that I wasn't happy with. I'm a software developer and the terms say things like copyright for any development work I do, even in my own time also belongs to my employer. I contribute code to free software projects so that wasn't acceptable. I altered my copy of the contract, but didn't sign it. When they came round collecting the signed contracts, they didn't collect mine since it was altered and unsigned. Eventually they just left me on the old terms.

Fluffi

Thanks everyone for the replies so far. I do have restrictive covenants in place but I don't think I have access to enough information for them to put me on gardening leave I think my bosses could work around it by excluding me from meetings and discussions ... but maybe not!

My biggest worry which is I'd have to work 3 months in stressful and tiring environment rather than just 1 month. I always have way more than 1 persons worth of work to do and some weekends I'm so tired from work that I just want to sleep and stay in bed all weekend! I'd be very happy if I was put on 3 months gardening leave!

Sambucus Nigra, thanks for you for your comments, I think it would be fairly easy for me to get a new job but if the new job had a 3 month notice period then I could end up in the same situation again! Not good. That's worth thinking about some more. Don't want to go from the frying pan into the fire!

Could they try to force me to accept this change - by dismissing me and then offering me a new contract? Would that be unfair dismissal?

I'd like some additional annual leave - which if I save then I can use to work 4 day weeks or take two 1 week holidays during my notice period. Ideally I'd like some extra annual leave and extra money. Does this sound reasonable?

getmore4less

asc99c wrote: »

Also got 3 months notice and would say it isn't a problem. But to answer your question, I don't believe you have to accept it. You have to sign a new contract to be put on the new terms, and if you don't sign it you're not on the new terms.

My employer brought out new contracts a while back, containing a load of standard terms for my field, that I wasn't happy with. I'm a software developer and the terms say things like copyright for any development work I do, even in my own time also belongs to my employer. I contribute code to free software projects so that wasn't acceptable. I altered my copy of the contract, but didn't sign it. When they came round collecting the signed contracts, they didn't collect mine since it was altered and unsigned. Eventually they just left me on the old terms.

Just not signng a new contract is not enough to make them invalid

Unless it is on record you have disputed them you may find you are actualy on these new terms.