notice period

peediedj

applied for a new job, got a interview next week, originally thought notice period was 4 weeks and said this on form, found my original contract and now discovered its 12 weeks !!! Can they hold me to 12 weeks as doubt new employer(if i get job) will wait that long

Uncertain

peediedj wrote: »

applied for a new job, got a interview next week, originally thought notice period was 4 weeks and said this on form, found my original contract and now discovered its 12 weeks !!! Can they hold me to 12 weeks as doubt new employer(if i get job) will wait that long

To some extent they can.

One or two predictable people will leap on here with dire warnings about being sued for breach of contract if you fail to work your full notice!

In reality, in most situations, this is incredibly unlikely. The firm would have to actually suffer a clear financial loss, after deducting what they saved on your wages and despite making all reasonable efforts to minimise the loss.

That said, it would be far better to part on amicable terms as you may need a reference from them in the future. Most firms are sensible enough to know that forcing somebody to work against their will is hardly productive and are willing to negotiate.

anamenottaken

What level are you in the company and how long have you worked there?

Twelve weeks notice suggests either you are in a senior position or have been there over 12 years and have to give notice equal to the statutory notice which the employer would be required to give you.

Not all employment contracts require equal notice from either side. Check the wording in your written particulars.

InsideInsurance

If 3 months is the norm for your kind of role/grade then many employers will be willing to wait that long for you as they know many candidates will be in the same boat and probably dont want to limit themselves to only those that are currently unemployed.

Obviously there are exceptions when someone is required urgently, my concern is the fact the new role requires and application form which tends to suggest it is not the level of role where 3 month notice periods are the norm but then again there are exceptions to that too.

If things go well, advise that you were mistaken on the notice period but that inevitably it is negotiable. Do you know if previous colleagues of yours that have left have been made to work the full 3 months or been let go early? Most companies dont enforce it unless you are going to a direct competitor etc

peediedj

anamenottaken wrote: »

What level are you in the company and how long have you worked there?

Twelve weeks notice suggests either you are in a senior position or have been there over 12 years and have to give notice equal to the statutory notice which the employer would be required to give you.

Not all employment contracts require equal notice from either side. Check the wording in your written particulars.

iam a assistant manager on a management contract, been there 6 years next week, been assistant manager 18 months

peediedj

InsideInsurance wrote: »

If 3 months is the norm for your kind of role/grade then many employers will be willing to wait that long for you as they know many candidates will be in the same boat and probably dont want to limit themselves to only those that are currently unemployed.

Obviously there are exceptions when someone is required urgently, my concern is the fact the new role requires and application form which tends to suggest it is not the level of role where 3 month notice periods are the norm but then again there are exceptions to that too.

If things go well, advise that you were mistaken on the notice period but that inevitably it is negotiable. Do you know if previous colleagues of yours that have left have been made to work the full 3 months or been let go early? Most companies dont enforce it unless you are going to a direct competitor etc

another assistant manager at a different depot left after 2 weeks notice, that was about 2-3 months ago, as far as i know he had been there longer than me

JDC14

The last job I left, I was part of a 3-man team - originally they all had 1 weeks notice in their contracts (although it's not easy to replace us considering the job).

But either way, I came in after the other two - and it was 4 weeks notice on my contract and when I gave them 4 weeks, they really appreciated it.

So I'd consider going in and negotiating. Just say to them you've been offered a really good position, but 12 weeks is really hampering your chances of getting it, would they negotiate and accept 6 weeks?.

If you tell them, before you're handing in your notice - they may be more happy to negotiate with you.

anamenottaken

peediedj wrote: »

iam a assistant manager on a management contract, been there 6 years next week, been assistant manager 18 months

I wouldn't expect that role to require 12 weeks notice from you. At most, once you have been there the full six years, I would have expected 6 weeks - the same as the minimum the employer would need to give you at that point.

What exactly is the wording of your contract about notice periods?

peediedj

anamenottaken wrote: »

I wouldn't expect that role to require 12 weeks notice from you. At most, once you have been there the full six years, I would have expected 6 weeks - the same as the minimum the employer would need to give you at that point.

What exactly is the wording of your contract about notice periods?

termination of employment-
you are entited to recieve from the company the following periods of notice-:grades i,j,k,l+m- 6 months or more service-12 weeks
the above periods of notice will not apply in gross misconduct where employment is terminated summarily
you are required to give the company the following periods of notice in weeks
management grades i,j,kl and above 12 weeks

then goes on about they can send you elsewhere or do different work whilst on notice period and you cant work for anyone else during gardening leave


thats about it

LittleVoice

peediedj wrote: »

termination of employment-
you are entited to recieve from the company the following periods of notice-:grades i,j,k,l+m- 6 months or more service-12 weeks
the above periods of notice will not apply in gross misconduct where employment is terminated summarily
you are required to give the company the following periods of notice in weeks
management grades i,j,kl and above 12 weeks

then goes on about they can send you elsewhere or do different work whilst on notice period and you cant work for anyone else during gardening leave


thats about it

So employees in those grades have to give 12 weeks notice from Day One but the employer has to give 12 weeks only after six months. [It would be one week after one month up to the six month mark.]

The note about not working elsewhere during gardening leave may have been what happened to the other assistant manager you mentioned who left two weeks after giving notice.

peediedj

LittleVoice wrote: »

So employees in those grades have to give 12 weeks notice from Day One but the employer has to give 12 weeks only after six months. [It would be one week after one month up to the six month mark.]

The note about not working elsewhere during gardening leave may have been what happened to the other assistant manager you mentioned who left two weeks after giving notice.

other manager went straight to a new job