Trying to reduce my 3 month notice period

Hello,

I want to try and negotiate an early release as I’ve managed to secure a new opportunity and I just can’t stand my current work place as morale is so low and I'm just not happy there (amongst other things).

I was reading my original offer letter (guess you could say that it is my contract) to check everything and it had the below points:
5. The first 3 months of employment with the Company will be a probationary period, at the end of which you will be reviewed by [blank]. During the first month of this probationary period, either party may terminate the contract immediately upon written notice. For the remaining 2 months of you probationary period, your notice period will be 1 week in writing by either side. Your probation will formerly end when you have had an appraisal with [blank] and you have received written confirmation of your position. Under certain circumstances, your probationary period may be extended for a further period of time. You will, however, be notified of any extension should it be necessary.
6. On successful completion of your probation, your notice period will be 3 months. In the event that you wish to terminate your employment, you will be required to give the Company not less than 3 month’s notice in writing.

Going from point 5 (could be reading it wrong), it looks like I needed to have an appraisal and be given written confirmation of my position, however I was never given written confirmation of my position. Would that help me in anyway if we couldn't come to some form of agreement beforehand?

I’m more than happy to help find a replacement and hand thing’s over to them to make the transition easier, I just don't want to be miserable for 3 months, so I think it's best for both that I leave ASAP!

Any help is appreciated.
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Comments

  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    i was in the same situation as you ans after a year only had to give 2 weeks notice. when they caught on to what many of were doing (leaving with 2 weeks notice) they started getting everyones reviews done. i had no issue with where i was, i just got a job closer to home.

    i dont know if its allowed in your case, you have clearly passed probation but maybe you can leave sooner, you will simply have to ask and hope they dont make things difficult if it doesn't go your way.
  • System
    System Posts: 178,283 Community Admin
    10,000 Posts Photogenic Name Dropper
    I'm I missing something in all these notice periods as in are they legally enforceable How the hell are you suppose to start another job if a company holds you to a 3 month notice period?

    All they said is they would like 3 month notice but doesn't say what will happen to you if you don't give proper notice.
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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 30 July 2017 at 10:01AM
    They don't need to say what would happen if you leave before fullfilling you notice obligations as that would be breach of contract and you are supposed to know the potential consiquences.

    Fairly sure that your probation is completed, the clause
    your probationary period may be extended for a further period of time. You will, however, be notified of any extension should it be necessary.

    Will overide the rest, they would have to notify you of an extension before the end of any period.
    (if you search this board there are references to probations ending and not having the "meeting").


    3 month notice is not that uncommon and sectors where it is very common you just suck it up and don't expect people to be on board quickly.


    You give proper notice and negotiate an early exit, I prefer to not start the conversation as you want the employer to show their hand first as that increases the possibility of PILON for some of the notice.
  • System
    System Posts: 178,283 Community Admin
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    They don't need to say what would happen if you leave before fullfilling you notice obligations as that would be breach of contract and you are supposed to know the potential consiquences.

    Fairly sure that your probarion is completed, the clause


    Will overide the rest, they would have to notify you of an extension before the end of any period.
    (if you search this board there are references to probations ending and not having the "meeting").


    3 month notice is not that uncommon and sectors where it is very common you just suck it up and don't expect people to be on board quickly.


    You give proper notice and negotiate an early exit, I prefer to not start the conversation as you want the employer to show their hand first as that increases the possibility of PILON for some of the notice.

    Thats wrong. Any contract has to spell out exactly what will happen in the event you break the contract. They have not spelled out what would happen so its not worth anything.

    Maybe these jobs that have 3 month notice period are for the HIGHLY skill/ big bucks sector where you signing a contract that would require a lawyer to screen it :rotfl:
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  • System
    System Posts: 178,283 Community Admin
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    If you don't need the reference from them just turn up to work and sit there all day doing nothing and staring into your phone or even better, playing games and watching Youtube with the sound turned up. Turn up late, slope off early, take lots of coffee breaks, maybe have the odd day off here and there without ringing in. When they eventually drag you in for a chat about your conduct say you gave in your notice and no longer want to be there and given that you no longer care and there is no incentive for you to do anything then it would be better for all parties if they were to release you from your contract early.
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  • Undervalued
    Undervalued Posts: 9,447 Forumite
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    john22 wrote: »
    Thats wrong. Any contract has to spell out exactly what will happen in the event you break the contract. They have not spelled out what would happen so its not worth anything.

    Maybe these jobs that have 3 month notice period are for the HIGHLY skill/ big bucks sector where you signing a contract that would require a lawyer to screen it :rotfl:

    Absolute nonsense!
  • System
    System Posts: 178,283 Community Admin
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    Absolute nonsense!

    wow that convinced me :rotfl:

    Please give examples of what legally can happen if you do not give a company the notice period stated in terms and conditions when all that a company state is

    In the event that you wish to terminate your employment, you will be required to give the Company not less than 3 month’s notice in writing.
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  • motorguy
    motorguy Posts: 22,605 Forumite
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    EchoW wrote: »
    Hello,

    I want to try and negotiate an early release as I’ve managed to secure a new opportunity and I just can’t stand my current work place as morale is so low and I'm just not happy there (amongst other things).

    I was reading my original offer letter (guess you could say that it is my contract) to check everything and it had the below points:
    5. The first 3 months of employment with the Company will be a probationary period, at the end of which you will be reviewed by [blank]. During the first month of this probationary period, either party may terminate the contract immediately upon written notice. For the remaining 2 months of you probationary period, your notice period will be 1 week in writing by either side. Your probation will formerly end when you have had an appraisal with [blank] and you have received written confirmation of your position. Under certain circumstances, your probationary period may be extended for a further period of time. You will, however, be notified of any extension should it be necessary.
    6. On successful completion of your probation, your notice period will be 3 months. In the event that you wish to terminate your employment, you will be required to give the Company not less than 3 month’s notice in writing.

    Going from point 5 (could be reading it wrong), it looks like I needed to have an appraisal and be given written confirmation of my position, however I was never given written confirmation of my position. Would that help me in anyway if we couldn't come to some form of agreement beforehand?

    I’m more than happy to help find a replacement and hand thing’s over to them to make the transition easier, I just don't want to be miserable for 3 months, so I think it's best for both that I leave ASAP!

    Any help is appreciated.

    Generally speaking, if the original probationary time frame has passed, unless you hear otherwise you are deemed to have passed probation. You dont really believe after X years you're still on probation just because they didnt dot the i's and cross the t's do you?

    Personally, i'd resign, give them as much notice as you can - if its 4 weeks or 6 weeks or whatever and put that in writing in the resignation letter. I wouldnt make reference to the 3 months notice i would say something like "I am required to start my new role on XX/XX/XX therefore my final day here will be XX-1/XX/XX (or whatever)".
  • System
    System Posts: 178,283 Community Admin
    10,000 Posts Photogenic Name Dropper
    They don't need to say what would happen if you leave before fullfilling you notice obligations as that would be breach of contract and you are supposed to know the potential consiquences.

    Fairly sure that your probation is completed, the clause


    Will overide the rest, they would have to notify you of an extension before the end of any period.
    (if you search this board there are references to probations ending and not having the "meeting").


    3 month notice is not that uncommon and sectors where it is very common you just suck it up and don't expect people to be on board quickly.


    You give proper notice and negotiate an early exit, I prefer to not start the conversation as you want the employer to show their hand first as that increases the possibility of PILON for some of the notice.

    I'm curious to know what jobs have these long notice periods?

    Are jobs out there that people get offered that they start in 3 months time from the time the job offer was made?

    Do people decide to leave with no job offers and work the 3 month notice and then start looking for a new job nearer the termination date?

    Maybe because I have only earned less that £20000pa my whole working life that I would be sh*t scared to not have a new job lined up before leaving the current one. :)
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    john22 wrote: »
    wow that convinced me :rotfl:

    Please give examples of what legally can happen if you do not give a company the notice period stated in terms and conditions when all that a company state is

    In the event that you wish to terminate your employment, you will be required to give the Company not less than 3 month’s notice in writing.

    Please can you state under what law "Any contract has to spell out exactly what will happen in the event you break the contract". I think you will find there isn't one, hence Undervalued's comment that what you wrote was nonsense.
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