3 month notice period in low paid admin role

MrChandlerBing

Hi everyone,

I've been with my current employer for about a year and am finally looking to move on. However I have been reading through my contract of employment and I have a 3 month notice period.

I didn't really have any choice in signing the contract because I had just finished uni when I took the job and had been unemployed for four months.

It just seems unfair that in a job where I'm paid 14,000 a year with no prospects in a completely unskilled position that I could be held to such a restrictive notice period.

I'm looking to change industry completely so thats not a barrier

k3lvc

MrChandlerBing wrote: »

Hi everyone,

I've been with my current employer for about a year and am finally looking to move on. However I have been reading through my contract of employment and I have a 3 month notice period.

I didn't really have any choice in signing the contract because I had just finished uni when I took the job and had been unemployed for four months.

It just seems unfair that in a job where I'm paid 14,000 a year with no prospects in a completely unskilled position that I could be held to such a restrictive notice period.

I'm looking to change industry completely so thats not a barrier

Just to check - this is 3 months that you have to give them and your not confusing with 3 months that they may have to give you.

In our organisation someone at your level would have to give 4 weeks but the company would have to give them 8 weeks

Andy_L

It could be a typo/cut & paste error and the 3 months is for senior roles only

SarEl

It also may be correct!

Opinions are not relevant; pay is not relevant. A notice period is a notice period. You did have a choice when you accepted the job - you could have read your contract then (you obviously didn't) and you could have tried to negotiate, or refused the job. Since you didn't do it then you will have to try to negotiate a lesser period (assuming it isn't an error) when you have another job - it may be an error to start discussing notice periods at this stage.

I assume that if they were looking to dismiss you, you wouldn't be waiving the notice period for them. So there's no real reason for you to be looking for excuses as to why you shouldn't be held to it. They may be flexible but only time will tell.

shell820810

Standard notice period at my company is 3 months as well, so I would expect that the OP is more than likely correct in what they are saying.

Anyway, there have been cases where i work when people have left before 3 months when it is to the benefit of the company and the person. (ie quiet period at work, person not very productive/efficient etc). Might be worth chatting with the manager and see if you can come to a mutual arrangement.

zzzLazyDaisy

You accepted the contract and you have worked under the terms of that contract for the past year. It is not open to you to seek to disregard one of the contract terms now, simply because it no longer suits you.

However, a contract can always be changed by agreement, so your first port of call would be the HR department to see if the company will agree to you leaving early. Also, depending on what it says in your contract/employee handbook, you may be able to take any unused holidays during the notice period, effectively enabling you to stop working for them before the end of the notice period.

dizzyrascal

I realise that it may be too late for you now as it is in your contract but where I work, the less well paid are all on 1 month. It is not until you reach the 30k plus salaries that you are asked for 3 months notice.
I always assumed that the notice period was based on the difficulty of filling a professional post. An entry level admin role will be easy to fill so I would talk to HR.
What would happen if you were offered a better paid job with prospects, but that offer was withdrawn if you are deemed to be unavailable?

crazycatlady1984

I would agree that not really wise to mention it or try to negotiate a shorter notice period until you have a new job lined up.......unless you already have a new job? In which case, surely they would haev requested your availability already and you would have told them 3 months?

**Juice**

Do you have any holidays left you could try and take as part of your notice period?

SandC

Well I know that it's not unheard of to have a 3 month notice period, whatever the salary or position.

I've been in the situation myself but had redundancy so they had to pay me 3 months pay in lieu of notice, ha ha. Would've been a different story had I wished to leave, however the situation was different in that they changed the T&Cs and the notice period when I started with the firm was only 1 month. I didn't sign the new contract - perhaps this contributed to my redundancy eh? Who knows!

However, it was up to you to read and understand the contract when you started but I understand the position you were in. Even if you had noticed at the time you probably would have still taken the job anyway.

Sounds like you are looking to leave if you find a new job so don't let this put you off looking. Instead, see what's out there and go for interviews etc. If you find yourself receiving a job offer then you can try and negotiate with your employer. If it were me, my immediate superior would be the first port of call, presuming you have a good relationship with them. HR are not there to negotiate with, they are 'in betweeners' and the call will come from senior management - the closer to them you are the better! HR do what the seniors say! You would need to remind them as above that it wouldn't take 3 months to find a replacement for that kind of position.

It's not ideal because you run the risk of losing a new job offer if you can't start with them within a short timescale. I do know where you are coming from - the whole reason I didn't sign that new contract was because I was in a similar position to you - the types of jobs I would be going for (even if it was a step up) were not the type of jobs where a firm would be willing to wait 3 months for me! And if I was that important that they would need to hang on to me for 3 months after handing my notice in then surely the position was worth more salary - except it really wasn't.

zzzLazyDaisy

SandC wrote: »

It's not ideal because you run the risk of losing a new job offer if you can't start with them within a short timescale. I do know where you are coming from - the whole reason I didn't sign that new contract was because I was in a similar position to you

There is no requirement for a signature on an employment contract.

The reality is that the employer offers you a contract - if you continue to work for the employer then you are deemed to have accepted the terms of that contract. Failure or refusal to sign makes no difference unless you also refuse to work under those conditions (or unless you notify your employer, in writing, that you are working under protest with regard to that condition... which in some circumstances can result in the contract being withdrawn, and the employment terminated).