Is there a maximum notice period a company can state?

wannaberich41

Hi,
My daughter is not happy in her full time job. Is there a maximum a company can make you do to work your notice legally? Her contract says 2 months notice which seems excessive and wondered if that's legal or not? She did sign the contract of these terms but just wondered if that's right?

k3lvc

wannaberich41 wrote: »

Hi,
My daughter is not happy in her full time job. Is there a maximum a company can make you do to work your notice legally? Her contract says 2 months notice which seems excessive and wondered if that's legal or not? She did sign the contract of these terms but just wondered if that's right?

Why excessive ? Mine's 6 months

Depends on the role/employer/industry

wannaberich41

k3lvc wrote: »

Why excessive ? Mine's 6 months

Depends on the role/employer/industry

Oh my gosh. That's a lot. 2 job offers should of had but declined her due to her notice period.

[Deleted User]

Two months is very short. Three would be more standard, certainly in a professional role.

TELLIT01

Depends mainly on the role. Anything from 1 week to 6 months can be the norm. Without more information it's impossible to say whether it seems excessive or not. Irrespective of that, she signed the contract so should have been aware of the notice period.

gardner1

But at the end of the day if she's not happy in her job just leave with immediate effect,her employer can't withhold her pay for hrs done up to when she leaves
Granted she might not get a good reference for new job and her boss can spout all the claptrap about breach of contract etc and threaten to withhold pay,basically contracts aren't worth jack

Undervalued

gardner1 wrote: »

But at the end of the day if she's not happy in her job just leave with immediate effect,her employer can't withhold her pay for hrs done up to when she leaves
Granted she might not get a good reference for new job and her boss can spout all the claptrap about breach of contract etc and threaten to withhold pay,basically contracts aren't worth jack

Nonsense! Far from "claptrap" breach of contract is exactly what it is!

Whilst they cannot (lawfully) withhold pay for the hours she has worked they could sue her for breach of contract if they suffer any extra expenses as a result of her breach. Depending on what she does that could range from having to pay a temp a higher rate all they way through to the loss of a major order if they were unable to fulfil it without her!

Although that is not very common far more likely is for them to withhold pay and in effect say " You sue us and we will sue you"!

So add a long hassle to get any money at all to the likelihood of a terrible reference then think again!

So, to answer the original question.....

No, there is not a maximum notice period that can be agreed. Agreed is the operative word as that is what she did when she accepted the job on those terms. Quite correctly is has been detailed in her contract and she further confirmed her acceptance by signing it!

TBagpuss

could she give her 2 months notice and keep job hunting?If she's had 2 recent offers then how confident is she that she could find a new job in that 2 month period? Could she work as a temp if she doesn't get a new job fast enough?
If 2 months is unusual for her industry then it might be difficult for her to get a new job, although most employers have some flexibility, and would be willing to wait .

Brynsam

How happy would she be if the employer turned round and said they were sacking her with a week's notice because 2 months is excessive...? She needs to learn that if you sign up to something you should honour it, unless the circumstances are truly exceptional. They aren't remotely exceptional here; just inconvenient.

sangie595

She might also want to consider what kind of employer is absolutely happy to disregard your contractual obligations to your current employer. Because in my experience it's the kind of employer who is happy to disregard their contractual obligations to you!

gardner1

Undervalued wrote: »

Nonsense! Far from "claptrap" breach of contract is exactly what it is!

Whilst they cannot (lawfully) withhold pay for the hours she has worked they could sue her for breach of contract if they suffer any extra expenses as a result of her breach. Depending on what she does that could range from having to pay a temp a higher rate all they way through to the loss of a major order if they were unable to fulfil it without her!

Although that is not very common far more likely is for them to withhold pay and in effect say " You sue us and we will sue you"!

So add a long hassle to get any money at all to the likelihood of a terrible reference then think again!

So, to answer the original question.....

No, there is not a maximum notice period that can be agreed. Agreed is the operative word as that is what she did when she accepted the job on those terms. Quite correctly is has been detailed in her contract and she further confirmed her acceptance by signing it!

They cant/wont withhold her pay.........plus chances of them taking her to civil court to reclaim costs of temp/loss of earnings etc is at best very slim due to high court costs
I wasn't suggesting she walks away from job........but just pointing out that notice period means nothing