Three months' notice period

LeicesterTerrace

Hello
I am soon to be leaving my role in Finance and buying a B&B in another part of the UK. I have read my employment contract today and have seen that my notice period is 3 months, which is not ideal.

Usually, in my line of work, you hand your notice in (if you are leaving to go to another firm) and you are immediately on gardening leave, which would be ideal if I was moving to another firm....but I'm not. Plus, I don't really want to make it out like I am moving to another firm, only for them to find out that I am in fact doing no such thing (and could have in fact worked the full 3 months).

Therefore, as I know that some negotiating is possible, I would like to offer my assistance in a full handover with a view to completing that in a month or so and then work my notice.

I am wondering the following:
- does this still mean that I would get my full 3 months pay even if I completed my handover relatively quickly?
- would the bonus that I would usually pick up early January still be payable? (there is no mention of it not, if the notice period in my contract, so assume this is a yes)

My bluesky outcome:
- work 2-4 weeks doing handover, then working the remaining 2 months or so on gardening leave, picking up my bonus (for work previously done) in January

Any assistance in this matter, gratefully appreciated.
Thanks,Dan

marcarm

Only your employers can realistically answer these questions with any authority.

Ususally bonuses are not payable to people who have left or have given their notice, chances are your bonus will be 'discretionary' meaning they don't have to pay it if they choose not to. Every company I've ever worked for has never paid bonuses to people who are leaving, there is normally a flurry of resignations the day after the bonus is paid.

TadleyBaggie

marcarm wrote: »

Every company I've ever worked for has never paid bonuses to people who are leaving

It varies, I left a company at the end of June 2013, so had tendered my notice a month earlier. I still got a bonus in the final payroll (around the 21st). I had enquired with HR before resigning and made sure that the bonus would still be paid, and they said it would.

TELLIT01

For a bonus to be payable you generally have to be in employment at that company on the date payment is made. Only your contract can confirm the situation with your employer.
If you negotiate a shorter notice period I very much doubt that your employer will pay for 3 months - why would they. You have 2 options - provide the 3 months notice and get paid the entire period or negotiate a shorter notice period with the correspondingly lower payment.

Manxman_in_exile

What will you be doing during your "gardening leave"? My understanding is you will technically still be employed and should be available to work should they require you to do so.


Nothing to stop you trying to negotiate a shorter notice period with your employer. They may be happy not to have to pay you.


You can only find out by asking them.

steampowered

The employer may well agree an earlier finishing date. But most employers would not pay you beyond that.

During gardening leave your contract will require you to make yourself available for work if called on. The purpose of gardening leave is that you are still technically employed during that time so can't go and start work for a competitor. If you are using the gardening leave to do something else (e.g. starting a business) you probably won't get paid for it.

You need to get a copy of the bonus scheme terms (if there is one) to find out if you'll still get a bonus. Many companies do not pay a bonus once your notice period begins.

TBagpuss

As others have said, if they put you on Garndeing leave then you are entitled to be paid during that period, but you are technically still an employee and need to be prepare dto go in to work if they decide they want you.

If you negotiate a shorter notice period then you don't get paid for the full three months. You get what you want (to leave sooner) and the reason the company may agree is because it saves them money, as they only pay you for the reduced period. If their normal procedure is to put someone on gardening leave then they may well be amenable to you having a shortened period of leave, as you wouldn't be in the office anyway and it will save them money.

Bonus will depend on your contract and the terms of the bonus scheme. However, as other posters say, most such schemes are discretionary and it's very common that you don't get the bonus if you leave.

andygb

I think the OP wants their cake and to eat it.
If you try to negotiate a shorter notice period, then the company have done you a favour, not the other way around. The same goes for paying a bonus - if you aren't in it, you can't win it.

steampowered

Op, I think this gives you an interesting tactical conundrum.

Do you:

1) Simply resign, and hope that they put you on gardening leave? (these days employers rarely pay out for gardening leave unless your job is especially sensitive).

And if they do, use the time to quietly build your business (noting that this creates a risk of payment being withdrawn, and a risk of being asked to work if required).

2) Resign, and be up front about wanting to agree a shorter notice period. They may agree to let you go early but are unlikely to pay you for it.