Employer wants to increase notice period

baileywin

My employer has sent me a letter outlining a proposal to increase my notice period from 1 month to 3 months. This would be binding on both sides.

I have been in my role 5 years. It’s a small company and while I’m not senior in terms of heirarchy I am in terms of in terms of experience - ie I might be difficult to replace so I can understand their drive.

I beleive it’s very likely that I would be held to the full 3 months should I wish to leave.

I have no interest in leaving, and have significant discretionary share options that I thought would be used as a carrot to incentivise a smooth handover should I leave.

Job security is not really a benefit for me as I’m quite confident I would be able to get another job quickly. Because of this it’s a benefit that should things change I know I could leave in a month, rather than three.

I’m not being offered any benefits for this.

Although titled a proposal, the letter does not present this as a point of discussion and I imagine soon I will be expected to sign something.

Can I simply not sign and continue as I am, or will continuing work with the knowledge of the proposal be a tacit acceptance?

How can I politely refuse without souring the air?

pmduk

I'd use a form of words along the lines: I don't feel that length of notice is appropriate at my seniority or pay level.

nicechap

Only you can weigh up the pros and cons and likely reaction of your employer.


Your employment contract can also be governed by behaviour, so if you continue to work there and take pay after the declared change, even if you haven't signed anything, you will be bound by it. You would need to write (email) rejecting the change to keep your current notice period. How your employer would react to that is your judgement call.


If the change came in, another thing to weigh up is how likely they are to enforce a 3 month notice period - so suing you for the additional 2 month of costs they might incur with an agency repalcement, etc.


Often its better to have your handover plan already done, and all your handover information ready for your replacement so they are more likely to let you leave on good terms. Never a good idea to burn your bridges unnecessarily.

xapprenticex

Not signing doesnt work unfortunately, if you dont respond then will assume you agreed.



Your only option is to dispute it which can go well, or not. You're looking out for yourself and the company is looking out for itself.

dlmcr

Just send something in writing saying you don't agree to the change. Only needs to be one paragraph, no need to make a big deal.


I had exactly the same at my work, I sent a response saying I don't agree to the change, never heard anything back.

tacpot12

You are right to try to resist this change if you can. When you are on three months notice, you will have to leave your job before you can start looking for another as no employer will wait for three months notice to expire.

If the change is forced on you, I would ensure that you have some savings that would allow you to leave the job and survive for a month before finding a new job. If you hand your (3 months) notice in, you can start looking for a job in the last three weeks, and with luck you will have secured a new job and be back at work just a couple of weeks after leaving the old job.

Nasqueron

tacpot12 wrote: »

You are right to try to resist this change if you can. When you are on three months notice, you will have to leave your job before you can start looking for another as no employer will wait for three months notice to expire.

Nonsense, many industries have 3 month notice periods and the employing firm is well aware of that when you give your job details in the interview, senior lawyers for example. For the right candidate the new firm will work around that. My partner was a senior associate lawyer at her last firm and moved firms after being head hunted, the new firm was well aware of the 3 month period.

LittleVoice3

Nasqueron wrote: »

Nonsense, many industries have 3 month notice periods and the employing firm is well aware of that when you give your job details in the interview, senior lawyers for example. For the right candidate the new firm will work around that. My partner was a senior associate lawyer at her last firm and moved firms after being head hunted, the new firm was well aware of the 3 month period.

For the OP, they have said they are not in a senior position, it is only their length of service which leads to the suggested increase in notice.

pmduk

Nasqueron wrote: »

Nonsense, many industries have 3 month notice periods and the employing firm is well aware of that when you give your job details in the interview, senior lawyers for example. For the right candidate the new firm will work around that. My partner was a senior associate lawyer at her last firm and moved firms after being head hunted, the new firm was well aware of the 3 month period.

That's all very well if that's the norm in the OP's industry and at his level of employment, were that the case I can't imagine the question would have been raised in the first place.

MEM62

pmduk wrote: »

I'd use a form of words along the lines: I don't feel that length of notice is appropriate at my seniority or pay level.

That would be my approach. I might also throw in the fact that a potential new employer is unlikely to want to wait three months for you to commence employment and this would therefore unfairly disadvantage you if you wished to leave.

ReadingTim

The flip side is that if the company wants rid of you, you have a longer time period to find another job, or larger lump sum if they pay you off to leave immediately.

As the OP said he (or she) isn't looking to leave of their own accord any time soon, I don't know why this additional security isn't welcomed - notice periods work both ways.