Extended Notice Period - any way out?

milliemonster

I think I know the answer to this question as I have already made enquiries through my union but thought I'd try here as a bit of a last resort.

I am a senior nurse working for my current employer for for last 2.5 years, 3 months ago was promoted so back in a 6 month probation period, same employer, I have just received my new contract and noticed that my notice period which in my previous post before the promotion was 12 weeks has now been increased to 24 weeks.

I am not happy in my current place of work, I accepted another job offer a few months ago after being offered 3 different posts and was offered this promotion to stay so I stayed but the working conditions are unchanged and I want to leave.

I have had an interview this week where I was offered another position but they are not willing to wait 24 weeks for me so will withdraw the offer if I cannot negotiate an earlier exit. I have another interview coming up in a couple of weeks and am worried I am going to be stuck getting another job due to the length of my notice period.

My employer will not budge on this as they have difficulty recruiting any nursing staff in the environment where I work.

My question is, with me being in probation, is 24 weeks notice enforceable? as I said my union has told me it is but I'm clutching st straws!

I am thinking my only option is to hand in my notice anyway if there is no other way as I am confident with my skills, qualifications and knowledge I will get another position within that time having had 4 job offers in the last 4 positions I have applied and been interviewed for.

Dox

'Probation' is a complete non-concept in legal terms and doesn't have any impact on your notice period.

You say you have 'just' received your contract. If that is the case, it is open to you to tell your employer that the increase in notice period is a term you are not willing to accept - but you would need to do that as soon as you receive the information, not wait several weeks and then say so! If you continue to work after you have been given the new contract and have not raised your objection, you are deemed to have accepted it.

If you believe it would be relatively easy to find a new job, there is nothing to stop you resigning now, which will give you at least 24 weeks in which to find another job - with your notice period getting shorter as your job hunt continues.

TBagpuss

I imagine that your Union is best placed to advise. When did you get the new contract, and have you carried on working since.
Was anything mentioned i n your job offer.
My understanding is that if you continue to work after having been given the new terms then you are deemed to have accepted them.

milliemonster

Thanks, no, only got contract a couple of days ago (asked for it once I'd had the interview and been offered the job as I still hadn't received it), no terms were mentioned prior to this when I was offered the promotion

I did raise the issue as soon as I read it in the contract but was told that it is what it is

nicechap

milliemonster wrote: »

I think I know the answer to this question as I have already made enquiries through my union but thought I'd try here as a bit of a last resort.

I am a senior nurse working for my current employer for for last 2.5 years, 3 months ago was promoted so back in a 6 month probation period, same employer, I have just received my new contract and noticed that my notice period which in my previous post before the promotion was 12 weeks has now been increased to 24 weeks.

I am not happy in my current place of work, I accepted another job offer a few months ago after being offered 3 different posts and was offered this promotion to stay so I stayed but the working conditions are unchanged and I want to leave.

I have had an interview this week where I was offered another position but they are not willing to wait 24 weeks for me so will withdraw the offer if I cannot negotiate an earlier exit. I have another interview coming up in a couple of weeks and am worried I am going to be stuck getting another job due to the length of my notice period.

My employer will not budge on this as they have difficulty recruiting any nursing staff in the environment where I work.

My question is, with me being in probation, is 24 weeks notice enforceable? as I said my union has told me it is but I'm clutching st straws!

I am thinking my only option is to hand in my notice anyway if there is no other way as I am confident with my skills, qualifications and knowledge I will get another position within that time having had 4 job offers in the last 4 positions I have applied and been interviewed for.

milliemonster wrote: »

Thanks, no, only got contract a couple of days ago (asked for it once I'd had the interview and been offered the job as I still hadn't received it), no terms were mentioned prior to this when I was offered the promotion

I did raise the issue as soon as I read it in the contract but was told that it is what it is

It may be "what it is" from their point of view, but if it is an unacceptable term to you, strike it through and replace it with 4 weeks in manual script and send it back to them, and in parallel give them 4 weeks notice. They may come back and say 12 weeks is minimum, but as this is a new contract still being negotiated and the first you've heard of their notice period is their draft contract you've changed it to your view. Its up to them whether they want to accept it or force you out.

I'm guessing you are now very high up the management chain to have such a term proposed, so should be able to afford legal advice which you should do rather than rely on strangers on the internet.

getmore4less

You need to be careful as many organization have standard T&C that are available in reference handbook or on-line.

covering the finer details of polices that don't always get covered in offer letters or full particulars of employment.

These apply as soon as you start working any changed roll so if there is a general handbook that outlines different notice periods for different grades that notice can apply immediately you start working at the new grade.

An example would be where a lot of the NHS has increased notices periods(staff retention/handcuffs) and that will be in policy and apply to all new appointments or promotions and in some cases existing posts.


(Increased notice periods does not resolve the problem of recruitment and retention it makes it worse).

Dox

milliemonster wrote: »

Thanks, no, only got contract a couple of days ago (asked for it once I'd had the interview and been offered the job as I still hadn't received it), no terms were mentioned prior to this when I was offered the promotion

I did raise the issue as soon as I read it in the contract but was told that it is what it is

...and it isn't acceptable to you, therefore you don't have to accept it. Surprised the union didn't tell you that (always assuming you told them the sequence of events?).

milliemonster

getmore4less wrote: »

You need to be careful as many organization have standard T&C that are available in reference handbook or on-line.

covering the finer details of polices that don't always get covered in offer letters or full particulars of employment.

These apply as soon as you start working any changed roll so if there is a general handbook that outlines different notice periods for different grades that notice can apply immediately you start working at the new grade.

An example would be where a lot of the NHS has increased notices periods(staff retention/handcuffs) and that will be in policy and apply to all new appointments or promotions and in some cases existing posts.


(Increased notice periods does not resolve the problem of recruitment and retention it makes it worse).

Thanks, this seems to be a completely new change to notice periods as the person who is now in my old role has the same notice period whereas mine was 12 weeks when I was in that role, we have another senior nurse at the same grade as me who is currently working her notice period but hers was 12 weeks, they are applying 12 week notice periods to basic grade nurses now too.

12 weeks was reasonable to me but 24 weeks is imo, ridiculous

Dox

milliemonster wrote: »

Thanks, this seems to be a completely new change to notice periods as the person who is now in my old role has the same notice period whereas mine was 12 weeks when I was in that role, we have another senior nurse at the same grade as me who is currently working her notice period but hers was 12 weeks, they are applying 12 week notice periods to basic grade nurses now too.

12 weeks was reasonable to me but 24 weeks is imo, ridiculous

You've protested the notice period and said it isn't acceptable to you, so you need to stand your ground. Sort out the new job then resign - giving 12 weeks' notice on the basis you have already said you are working under protest.

getmore4less

Check when the policy changed, if it was communicated and if unions were involved trying to stop the change.

Can still challenge it on the grounds you don't agree let them come up with the evidence you should have know when you took the job.

unforeseen

If you don't accept the contract then surely the promotion will be withdrawn and you will revert back to your old job and date with 12 weeks notice.

Surely the job offer is also dependant on accepting the contract that goes with it.