3 Month Notice Period......

pdean52

OK - so here's my issue. Any thoughts or advice anyone has would be most welcome.......


Firstly this is quite my own fault for not clarifying when signing my employment contract but that's just the way it is now! I've worked for my current employer for around 20 months in a middle management role and am very happy here. My employment contract states that notice period is "4 weeks for staff, 8 weeks for supervisors/co-ordinators and 12 weeks for managers". My title does not include the term "Manager" although I do manage staff in my department.


A few months ago I took the decision to keep an ear to the ground if any job opportunities came up that stood out for me (better location, better prospects, increased remuneration) - figured it wouldn't hurt to see what was out there as the market for qualified professionals in my chosen field is currently very buoyant. Had an interview last week for a role in a fantastic company and got excellent feedback however my 12 week notice period resulted in my exclusion for consideration. However there is another role in the organisation that will go live shortly at the exact same level just covering different territories. I'd like to be able to clarify what my notice period will be for this upcoming role (for which I'm automatically entered at second interview stage) and also for future reference but as I work for a small organisation I know that asking the question of the powers that be will cause mass hysteria.


To complicate matters our "Events Manager" recently resigned giving 4 weeks notice. He was told he had to serve 12 weeks being as he was a manager but managed to negotiate that down to 6 weeks without the threat of legal action or anything else silly...........


Thanks in advance for any advice/wisdom anyone might be able to impart!!

Undervalued

Well first you need to clarify if the company considers your notice period is 8 or 12 weeks. That seems ambiguous.

Generally there is some scope for negotiation as most firms realise that forcing somebody to work against their will is not very productive. However, overdoing this is likely to, at best, to tarnish your reference!

Refusing to work the agreed notice could, although unusual, result in a legal claim against you if the firm suffers quantifiable and unavoidable losses as a consequence.

pdean52

Thanks Undervalued - the issue I have in clarifying the point is that working for such a small organisation someone will read between the lines and before I know it everyone will be under the impression I'm about to resign (which to be fair I potentially am!). Given that I'm happy in my current role and currently exploring new opportunities I don't want to rock the boat.


I guess I'm really looking for other people's take on what is the maximum notice period my employer might impose on me. If it is 12 weeks then so be it and I'll happily work it but I feel that confirming an 8 week notice period could potentially put me ahead of other candidates in a selection process.

getmore4less

Can you cone at it from another angle, are there any benifits that managers get that middle managers don't get.

Asking why you don't get those may get the company to clarify your position.

Must be fairly clear which of the 3 groups you fall into from when you were hired.

getmore4less

Another way to look at this is why is the new company not prepared to wait for the the BEST candidate.

pdean52

The company is recruiting for two roles. Both same level, salary, etc but one of the roles is being vacated very shortly therefore candidate needed on a shorter notice period (rules me out) but the other role is being vacated at the end of July therefore I'm still under consideration for this one but I feel that a shorter notice period could count for me as I'm going to be up against people serving 12 week notice periods.........


Thanks for the tip though - I might have a think about that as to whether I can approach the question from a different angle to gain some clarity.

getmore4less

If most people have 12 weeks the company should be interviewing and deciding in April at the latest for a end of July leaver, why not build in an overlap for handover.

pdean52

Ultimately the question is thus - how much notice am I likely to be forced to serve? I'd prefer the thread not to deviate from this question. Other parameters are not relevant in this instance.

Takeaway_Addict

pdean52 wrote: »

Ultimately the question is thus - how much notice am I likely to be forced to serve? I'd prefer the thread not to deviate from this question. Other parameters are not relevant in this instance.

How is anyone suppose to know when they don't work for your company?

You are legally obliged to work your contracted notice if the employer wishes to enforce this, if you refuse there is a chance you could be sued for breach of contract but this is unlikely, though not heard of.

WestonDave

Could you approach the issue from the Events Manager angle - i.e. you'd heard about the debate over their status and given that there is a similar potential lack of clarity over your status, could they please clarify where they think your contractual position is.

jobbingmusician

Then the question is not one that we can answer - how can WE know how much notice your company is likely to enforce? :huh:

A 3 month (13 week!) notice period is very common. Your new company have obviously built this into their recruitment period. I haven't heard of an 8 week one before, but maybe it is more common in your sector?