Contract notice period

System

richje100 wrote: »

Thanks for the reply. Think I need to sit down with them and find out how flexible they will be.

That's easy. The conversation goes like this.

"My foot isn't only half way out of the door, its down the street, got on the bus and is on its way home. Whilst I was happy to do 4 weeks I am not happy to do 12 weeks. If you want me to do 12 weeks as I don't need a reference from you do it in the knowledge that I'll spend that 12 weeks coming in and as when as I please sat looking at my phone on Facebook, Youtube etc with a really crappy attitude that is likely to bring the whole mood of the entire workplace around me down and affect your business WAY more than letting me go in 4 weeks as my contract I have states. Choice is yours."

LilElvis

Tarambor wrote: »

That's easy. The conversation goes like this.

"My foot isn't only half way out of the door, its down the street, got on the bus and is on its way home. Whilst I was happy to do 4 weeks I am not happy to do 12 weeks. If you want me to do 12 weeks as I don't need a reference from you do it in the knowledge that I'll spend that 12 weeks coming in and as when as I please sat looking at my phone on Facebook, Youtube etc with a really crappy attitude that is likely to bring the whole mood of the entire workplace around me down and affect your business WAY more than letting me go in 4 weeks as my contract I have states. Choice is yours."

Probably not such a good idea as he hasn't secured another job yet and will likely need a reference from his employer when he does receive an offer.

steampowered

Op, it ultimately depends how far you want to push it. Notice period are quite difficult for employers to enforce but you will want to keep on good terms to secure a good reference.

Undervalued wrote: »

Yes it is actually! Very few things in English law have to be in writing to form a contract and this isn't one of them.

The caveat to this is that many employment contracts expressly state that any changes to the contract must be made in writing.

Employers include this provision to make it more difficult for employees to claim that there is a separate verbal contract. If there is such a provision, the courts will generally respect it (there has been very recent case law on this).

If the Op's contract contains such a provision, the Op could show this to the employer - and invite them to show where the Op was shown in writing that their notice period had been extended!

In any event I don't think a judge would have much sympathy for an employer which tried to claim it had tripled a notice period verbally but never put that in writing.

richje100

steampowered wrote: »

Op, it ultimately depends how far you want to push it. Notice period are quite difficult for employers to enforce but you will want to keep on good terms to secure a good reference.



The caveat to this is that many employment contracts expressly state that any changes to the contract must be made in writing.

Employers include this provision to make it more difficult for employees to claim that there is a separate verbal contract. If there is such a provision, the courts will generally respect it (there has been very recent case law on this).

If the Op's contract contains such a provision, the Op could show this to the employer - and invite them to show where the Op was shown in writing that their notice period had been extended!

In any event I don't think a judge would have much sympathy for an employer which tried to claim it had tripled a notice period verbally but never put that in writing.

Thanks for replying. I need to get my file from HR

jonnyd281

Tarambor wrote: »

That's easy. The conversation goes like this.

"My foot isn't only half way out of the door, its down the street, got on the bus and is on its way home. Whilst I was happy to do 4 weeks I am not happy to do 12 weeks. If you want me to do 12 weeks as I don't need a reference from you do it in the knowledge that I'll spend that 12 weeks coming in and as when as I please sat looking at my phone on Facebook, Youtube etc with a really crappy attitude that is likely to bring the whole mood of the entire workplace around me down and affect your business WAY more than letting me go in 4 weeks as my contract I have states. Choice is yours."

Sounds like a very good way to get sacked!

[Deleted User]

Tarambor wrote: »

That's easy. The conversation goes like this.

"My foot isn't only half way out of the door, its down the street, got on the bus and is on its way home. Whilst I was happy to do 4 weeks I am not happy to do 12 weeks. If you want me to do 12 weeks as I don't need a reference from you do it in the knowledge that I'll spend that 12 weeks coming in and as when as I please sat looking at my phone on Facebook, Youtube etc with a really crappy attitude that is likely to bring the whole mood of the entire workplace around me down and affect your business WAY more than letting me go in 4 weeks as my contract I have states. Choice is yours."

And how much notice would an Employee of 15 years service expect to get if it wasn't their decision to leave? As I remember being told years ago on this forum although seems very selective on who you are, ...But if the boot were reversed, would they expect the minimum or to exceed it.

The Employee has had 15 years of security that some could dream about. Which may afford them more than a month should the worst case hit for them with a choice taken out of their hands.

Blackmail rarely cuts it.