Leaving beyond contractual notice period

anamenottaken

Evilm wrote: »

The employer doesn't have to hold you to any notice if they don't want to! The notice both sides are expected to give is 4 weeks. If the employer decides on gardening leave they don't have to give you whatever limit you want and they can limit it to what they would have to give if they sacked you - 4 weeks.

Otherwise you could hand in your notice for 3 months time even though they only require a month, say you are going to a competitor and they'd have to pay you 3 months gardening leave if they didn't want to leave someone who is probably 'compromised' in a sales role! That's unfair on the employer!

Now in this case its only a week but that doesn't make it any more fair on the employer being expected to pay them another week.

According to the OP they have worked "decades . . . for the same company,".

I'm not sure how much of an exaggeration that may be but if "decades" means more than five years, the notice required from the company would be even longer than 4 weeks.

Simon11

Gosh only 4 weeks, that sounds soo good!

I only have 4 days left before I finish my 3 month notice period and I can't wait for my new role. Its so hard to enjoy work and keep up your motivation after such a period, especially when I had the job confirmed before Xmas

Good luck!

Evilm

anamenottaken wrote: »

According to the OP they have worked "decades . . . for the same company,".

I'm not sure how much of an exaggeration that may be but if "decades" means more than five years, the notice required from the company would be even longer than 4 weeks.

OK, still doesn't mean the company have to pay more than 4 weeks if the employee resigns though.

MrSnuggles

Evilm wrote: »

OK, still doesn't mean the company have to pay more than 4 weeks if the employee resigns though.

If someone has a 3 months notice to leave requirement then s/he is entitled to full pay during this period providing all work is completed to appropriate standards.

Evilm

MrSnuggles wrote: »

If someone has a 3 months notice to leave requirement then s/he is entitled to full pay during this period providing all work is completed to appropriate standards.

But the OP doesn't. The OP has to give four weeks notice. They can tell their employer as soon as they like but the employer doesn't have to pay gardening leave for more than that four weeks.

MrSnuggles

Evilm wrote: »

But the OP doesn't. The OP has to give four weeks notice. They can tell their employer as soon as they like but the employer doesn't have to pay gardening leave for more than that four weeks.

Funny if the employer refuses gardening leave and it's just the OP assuming s/he will get it. Then it's four full weeks of non-stop work without mercy.

bargainbetty

I know of one sales company that had someone do this - hand in their notice breezily expecting to be given garden leave. They had arranged a holiday for the middle of the month with that in mind.

The employers explained that while they appreciated that the person wouldn't be motivated to sell anymore, it would be a perfect opportunity to clear up all the paperwork, sort out queries and act as 'support' to the ongoing sales team, therefore they would be expected to work their full notice.

The moral of the story is: check that when you're boasting about the potential month off to your mates in the men's room, check the MD isn't in one of the cubicles at the same time.

Peter was lugging boxes of photocopier paper around by the second week - he was forced to choose between using up his holiday pay (he banked on that counting for another 8 days money) or missing his holiday. Oh, how we all laughed.

MrSnuggles

bargainbetty wrote: »

I know of one sales company that had someone do this - hand in their notice breezily expecting to be given garden leave. They had arranged a holiday for the middle of the month with that in mind.

The employers explained that while they appreciated that the person wouldn't be motivated to sell anymore, it would be a perfect opportunity to clear up all the paperwork, sort out queries and act as 'support' to the ongoing sales team, therefore they would be expected to work their full notice.

The moral of the story is: check that when you're boasting about the potential month off to your mates in the men's room, check the MD isn't in one of the cubicles at the same time.

Peter was lugging boxes of photocopier paper around by the second week - he was forced to choose between using up his holiday pay (he banked on that counting for another 8 days money) or missing his holiday. Oh, how we all laughed.

Pahahahahahahahahaha! The Managing Director in the cubicle!

zzzLazyDaisy

Evilm wrote: »

The employer doesn't have to hold you to any notice if they don't want to! The notice (you) both sides are expected to give is 4 weeks. If the employer decides on gardening leave they don't have to give you whatever limit you want and they can limit it to what they would have to give if they sacked you - 4 weeks. (Greyed out items due to anamenottakens comment below - thank you for pointing that out but it doesn't change the entitlement for OP)

Otherwise you could hand in your notice for 3 months time even though they only require a month, say you are going to a competitor and they'd have to pay you 3 months gardening leave if they didn't want to leave someone who is probably 'compromised' in a sales role! That's unfair on the employer!

Now in this case its only a week but that doesn't make it any more fair on the employer being expected to pay them another week.

Just to correct a misconception for anyone reading this thread - provided you have more than 12 months service (more than two years if your employment started on or after 6th April 2012) you have protection under the employment protection legislation. What this means is that notice periods are only the start of the issue.

In OP's case, with more than 12 months service, the employer cannot terminate his employment without going through proper procedures, and must also have a fair reason for dismissal within the terms of the legislation (well, he can, but he'd be faced with an employment tribunal claim that he would have little chance of winning). In English, what this means is that OP could give three months' notice if he wished, even though the contract states 4 weeks - the employer could not enforce the 4 weeks and terminate the contract then, as this would amount to an unfair dismissal. However the employer would be entitled to monitor OP's conduct and performance and depending on how unco-operative and/or untrustworthy OP proved to be during the notice period, there might be grounds for fair dismissal, subject to following proper procedures.

As for references - an employer is not obliged to give any reference at all (which may speak volumes to a prospective employer) but if he does give a reference if must be factual, fair, and honest.

And finally - no matter how firm or unconditional a job offer is, it can be withdrawn at any time before the job starts, and the job can (now) be terminated at any time during the first two years, on the giving of contractual notice by the employer (provided that the reason does not amount to unlawful discrimination)

Sorry for the thesis, but I wanted to correct some of the misinformation that has appeared on this thread, for the benefit of others who may be reading it.

PlutoinCapricorn

When I changed jobs in the past, I went out of my way to do as much as possible to show them what they were losing - having another job waiting gave me more motivation not less - as a subtle form of revenge. I have seen people give up all pretense of working when they were leaving, but thought that was very unprofessional. I have also seen many people deliberately schedule a free week or two between jobs.