Notice Period

cleverly

Hi All,

I have recently been offered a job with a new company. In the interviews I told the new company that I have one months notice period.

After reviewing my contract today it seems my notice period is eight weeks. I know big mistake on my part!

If I was to hand my notice in tomorrow for one month is there anything my employer can do (hold wages etc).

To throw some more complications in, I have two days booked off in April, could these be revoked? My contract states I accumulate 2.1 days holiday a month, I have only taken one days holiday this year. Does this mean legally I am entitled to these holidays even though I am in my notice period?

LTL

cleverly wrote: »

Hi All,

I have recently been offered a job with a new company. In the interviews I told the new company that I have one months notice period.

After reviewing my contract today it seems my notice period is eight weeks. I know big mistake on my part!

If I was to hand my notice in tomorrow for one month is there anything my employer can do (hold wages etc).

To throw some more complications in, I have two days booked off in April, could these be revoked? My contract states I accumulate 2.1 days holiday a month, I have only taken one days holiday this year. Does this mean legally I am entitled to these holidays even though I am in my notice period?

They can reclaim the additional costs incurred to cover your job for the notice period you have not served.

You are not legally entitled to these holidays. The employer could revoke the allowance of the holiday & pay you owed holiday in your last pay packet. You could always try to negotiate an earlier leaving time including holiday you have currently accrued?

cleverly

Thanks LTL, the holidays that I have booked are for specific days due to the need to have time off to look after my child. I suspect these will probably be revoked but it's good that I know this before hand. Thanks for this.

The claiming of additional costs is a worrying thing, does this happen often?

LTL

cleverly wrote: »

Thanks LTL, the holidays that I have booked are for specific days due to the need to have time off to look after my child. I suspect these will probably be revoked but it's good that I know this before hand. Thanks for this.

The claiming of additional costs is a worrying thing, does this happen often?

Most reasonable employers will allow the leave you have already submitted. I think it can be revoked though with a general rule of "twice as long notice as holiday requested" e.g. 2 weeks notice for 1 weeks holiday. Remember, employers can state when you must take holiday.

I have seen stories on here of employers reclaiming costs - in reality I don't know how often this happens

It's always best to be prepared for these scenarios though.

I hope someone can come and clarify something which I think is also true... they cannot withhold wages which are due (for example, if they say you haven't provided enough notice). That being said, if they do this & you complain, they may well then say "OK we'll give you your money back but reclaim the costs incurred by the company for not providing enough notice".

(Do not take the bit in bold as gospel until someone confirms it)

InsideInsurance

It is exceptionally rare, what can be more common is sacking you for gross miss conduct (because you dont turn up to work) which obviously causes problems in the future if you ever need a reference from them.

The most obvious thing to do is negotiate. Just because you have an 8 week notice period doesnt mean they will enforce it. Likewise you can negotiate your start date with your new employers if your existing ones wont come down.

Generally, unless you have access to corporate sensitive information, you dont want to keep people on for too long after their notice has been handed in as you simply dont get the best out of them any more and they've already mentally left.

Catherine_Johnson_2

Why not just go back to the new company and tell them you made a mistake and that your notice period is 8 weeks?

I think you're making a problem here where there really isn't one. Why cause trouble with your current employer (you may need a reference in the future) when you can sort out a start date with a simple phone call to the new company.

cleverly

Catherine_Johnson wrote: »

Why not just go back to the new company and tell them you made a mistake and that your notice period is 8 weeks?

I think you're making a problem here where there really isn't one. Why cause trouble with your current employer (you may need a reference in the future) when you can sort out a start date with a simple phone call to the new company.

Already tried that, the new company is setting up a new office in my area so needs people to start the project ASAP. The new company is a massive step for me so don't want to ruin it over my stupid mistake