Three Months Notice

Maddy13

I work in a Management Accountant role in a company and my contract states 3 month’s notice. I have worked here for 2 years.

6 months in to the job I wasn’t happy and found another job, even though the notice is 3 months, they were happy to let me serve out 1 month as my boss at the time said my role “is not business critical”. Long story short – his boss and other managers in the business asked me to stay, offered me more money and changed who I reported to. I stayed.

1.5 years later – I have found a new job in a different industry. Got offered the job last week and stupidly assumed that as my role “is not business critical” that I only need to give 1 month notice. Handed in notice last week and they came back today wanting 3 months.

I really don’t want to fall out with current employers, but I have agreed to start with new company in 4 weeks.

Am I likely to be taken to court over leaving early? New company is not seeking a ref off old company either.

Any advice greatly appreciated.

Sinhanada

I'm afraid they are within their rights to hold you to the three months and would win an employment tribunal if it came to that.

You would be better negotiating with your future employers to ask if they can wait your notice period, and then speaking to your current to see if you can do some days at your new employers - this may come from your annual leave entitlement

boomblast

I'm no expert but can certainly tell you what I believe is right, if your under a years employment it is a weeks notice and anything after that is a month, I see so many company's putting all sorts in there contracts to use as a scare tactic to benefit them so if you leave it buys them plenty of time but end of the day that's not your fault, as far as I'm aware 4weeks is all you need to do by law but if you don't work the notice stated in the contract all that means is they don't have to pay your holiday pay etc if your due any, if I was you u would just have a chat with management if there approachable and explain what your thoughts are and what your plan is and try to keep it a nice exit. Hope this helps

Maddy13

Thanks for the reply's. The 4 weeks notice I gave has me finishing on 14th Feb and I am due to start new employment on 17th Feb. As at 14th Feb I will have no annual leave left, nor will I owe them any time for having taken too much.

I am just afraid to annoy the new employer - who was looking for me to start sooner than the 4 weeks, I know that extending it will cause problems.

It is more money and a better job all round - I don't want them to cancel the offer!

LTL

boomblast wrote: »

I'm no expert but can certainly tell you what I believe is right, if your under a years employment it is a weeks notice and anything after that is a month, I see so many company's putting all sorts in there contracts to use as a scare tactic to benefit them so if you leave it buys them plenty of time but end of the day that's not your fault, as far as I'm aware 4weeks is all you need to do by law but if you don't work the notice stated in the contract all that means is they don't have to pay your holiday pay etc if your due any, if I was you u would just have a chat with management if there approachable and explain what your thoughts are and what your plan is and try to keep it a nice exit. Hope this helps

Complete rubbish OP - please ignore.

hawk30

boomblast wrote: »

I'm no expert but can certainly tell you what I believe is right, if your under a years employment it is a weeks notice and anything after that is a month, I see so many company's putting all sorts in there contracts to use as a scare tactic to benefit them so if you leave it buys them plenty of time but end of the day that's not your fault, as far as I'm aware 4weeks is all you need to do by law but if you don't work the notice stated in the contract all that means is they don't have to pay your holiday pay etc if your due any, if I was you u would just have a chat with management if there approachable and explain what your thoughts are and what your plan is and try to keep it a nice exit. Hope this helps

This is really wrong. The OP has to give the notice stated in his contract. There is no law saying that only 4 weeks it required. It is either one week's statutory notice, or the period in the contract, whichever is the greater. So in the OP's case, he is required to give 3 month's notice.

[Deleted User]

Negotiate! My first job had a 3 month notice period. I gave my boss a choice that I would nicely document all my work and ease the handover... or I'd work my notice and not document a thing.

Guess which one was more 'business critical' ?

You've messed your existing firm around once quitting, then not quitting. Now they're making you stick to your contract.

monty-doggy

You have to think how likely is it that your employer would take you to court over it? The cost would be ridiculous and even if they won what do they expect you to do pay them money you don't have?
I'd resign with four weeks notice and state that you are not prepared to negotiate.

There's nothing to stop you going on sick either if they try to enforce it, I'm sure it will be stressful enough to warrant taking time off.

Put your new job first, don't jeopardise it!

Takeaway_Addict

monty-doggy wrote: »

You have to think how likely is it that your employer would take you to court over it? The cost would be ridiculous and even if they won what do they expect you to do pay them money you don't have?
I'd resign with four weeks notice and state that you are not prepared to negotiate.

There's nothing to stop you going on sick either if they try to enforce it, I'm sure it will be stressful enough to warrant taking time off.

Put your new job first, don't jeopardise it!

For something this clear cut it wouldn't cost that much to take the OP to court, the OP needs to understand that there is a risk they could be taken to court, especially if they have messed the employer around.

I would negotiate and personally, if u left without completing your notice I would make dam sure your new employer knew you couldn't complete your side of the contract.

Maddy13

What would it cost me if I was taken to court and lost?

I went to main boss yesterday with a list of what I am doing, the various people who I can train to carry it on in the interim, and various other tasks that I will have done before I leave in one month.

He launched an attack on me! Saying I have only done out the list to cover my !!! to get away in a month, and that I have to work the notice. Then began shouting that I wasn't doing my job right (he never mentioned this to me in the last two years).

Atmosphere is bad today - I cant stand three months of this!!

fruitedeli

Maddy13 wrote: »

What would it cost me if I was taken to court and lost?

I went to main boss yesterday with a list of what I am doing, the various people who I can train to carry it on in the interim, and various other tasks that I will have done before I leave in one month.

He launched an attack on me! Saying I have only done out the list to cover my !!! to get away in a month, and that I have to work the notice. Then began shouting that I wasn't doing my job right (he never mentioned this to me in the last two years).

Atmosphere is bad today - I cant stand three months of this!!

You're in a skilled job, one which your employer valued your specialist skills enough to previously keep you by offering more money. This could be seen as 'business critical' to an extent, and there is a good chance of them bringing you to court as it looks like your boss feels humiliated by you leaving a second time and is taking personal offence to it. :eek:

Best to work your notice or just call in sick for stress. If you leave before the notice expires, you could be paying the legal fees plus the fees of them hiring a temp to cover your absence, even if it's at a much higher cost, and any provable business loss because you left.