3 Months notice enforceable?

productof80s

Hi All,

Applied for a new job recently, had interview very recently and should know shortly whether hopefully successful or not. Fingers Crossed!

My current lovely contract details a 3 month notice period!

Now, if I am successful in this new job, the training, which runs on a date set basis, starts at the end of September, so giving notice next week would be 6 weeks notice.

If I was to give 6 weeks notice instead of 12 week would this be a problem in any way?

My last position, which is very similar to my current position was a months notice, people I have asked said it wouldn't be enforced and a month is completely fine. So, do any of you think there would be any issues?

I am not anywhere near senior management and all jobs I have every applied for have been a month?

What are some people's thoughts?

Just to inform people, I have been with my current employer for a year and 7 months.

Regards

agrinnall

The time to consider whether the notice period is appropriate and if necessary negotiate a change is before you agree to do the job, not at the point you want to leave it. You can ask your employer if they'll let you go after 6 weeks, but if they want to hold you to the three months and they haven't made any mistakes in your contract then yes, it will be enforceable.

Takeaway_Addict

productof80s wrote: »

Hi All,

Applied for a new job recently, had interview very recently and should know shortly whether hopefully successful or not. Fingers Crossed!

My current lovely contract details a 3 month notice period!

Now, if I am successful in this new job, the training, which runs on a date set basis, starts at the end of September, so giving notice next week would be 6 weeks notice.

If I was to give 6 weeks notice instead of 12 week would this be a problem in any way?

My last position, which is very similar to my current position was a months notice, people I have asked said it wouldn't be enforced and a month is completely fine. So, do any of you think there would be any issues?

I am not anywhere near senior management and all jobs I have every applied for have been a month?

What are some people's thoughts?

Just to inform people, I have been with my current employer for a year and 7 months.

Regards

Would you be ok with the employer shafting you on the notice period?

If you breach the contract you run the risk (albeit small) of being sued for breach of contract but you also run the risk of some form of tit for tat against you (ie the illegal witholding of wages with the threat if you take action then they will to).

But more importantly you run the much greater risk of a bad (perfectly legal) reference for future use.

Takeaway_Addict

Thought you had a job in November anyway?Surely notice can be given correctly?

productof80s

Hi Takeway_addict,

The job in November was based upon my last application with a three month notice period.

I will speak to them tomorrow but hoping that they will be happy with 6 weeks. I understand everyone's points about not receiving the same in return.

I believe the risk of being sued is very small, but I understand what you are all saying. I will 'propose' the question tomorrow, before I find out early next week as regards the new job fate.

Regards

Taggo

Certainly not something I'd worry about, the new jobs the one you want so you make the old one aware your taking it regardless but you will give as much notice as possible.

Takeaway_Addict

Taggo wrote: »

Certainly not something I'd worry about, the new jobs the one you want so you make the old one aware your taking it regardless but you will give as much notice as possible.

and this might work but just be aware of the risk, what happens if the new job decides after a month to let the OP go, the current employer then refuses a reference....2 years of the OP'e employment history gone...

Taggo

Yea, for me it was my dream job and there was no way I was letting notice periods hinder it (they didn't in the end) but supposing it was a day I'd have left! Other than not paying last wage there is very little they could do as they couldn't realistically train someone to do my job in notice period anyway.

Again each to their own but if it's a job you really want I expect you'll do what you feel you have to.

BillJones

Taggo wrote: »

Yea, for me it was my dream job and there was no way I was letting notice periods hinder it (they didn't in the end) but supposing it was a day I'd have left! Other than not paying last wage there is very little they could do as they couldn't realistically train someone to do my job in notice period anyway.

Again each to their own but if it's a job you really want I expect you'll do what you feel you have to.

May I ask, has such a bad attitude to sticking to agreements led you to be very successful, or are you what most people would view as a bit of a failure?

I don't suppose that you drive a Ferrari, but I'm always open to having my eyes opened.

Enigma80

I think it depends on your individual circumstances. If you're on good terms with your manager/team and they are aware that you're looking for work they may let you go with a months notice or if you're lucky let you go when you need to.

However, I also know of instances where someone has just finished working on a project and is just filling in the gap at work by doing odd things here and there for other people, but they forced him to work the three months notice even though the new job was in the same company but different department and they needed him right away. So instead of benefiting the organisation, the managers forced him to stay out of spite of him leaving and the specific department he was going to.

My previous place of work knew I was actively looking and when offered a job they let me go with a week's notice. Mind you, most of my work was already done and I was tying up loose ends before waiting to start on a new project.

InsideInsurance

The risk of being sued is small, as you say. Higher is the risk of being sacked for gross misconduct when you dont turn up for work if they dont agree your negotiations of a 6 week notice and you decide to leave anyway. Obviously this impacts any future references from them and may impact benefits/insurance if the new job doesnt work out etc.


Surely you've told your potential new employers that you have a 3 month notice period but it may be negotiable anyway so if its 3 months then they'll be comfortable with it. Obviously lying to them saying it was shorter would have been an idiotic thing to do.

For perm roles notice periods are not as much of an issue. I've hired people who've had a 6 month notice period and been made to work it. They were the best candidate and we were prepared to wait for them