How can I reduce the 3 month notice period?

KingT4

Hi, I started a job as a contractor back at the beginning of August. I accepted the job because I was told I had full autonomy with clients and that I would be working ethically. I signed a contract and for the first month things were ok.

The person who owns the business however has been around far more over the last two months and is now telling me how to perform the job, at times working in a way I consider unethical. Also due to certain times not being busy the owner allowed me to take some time out for holidays. I made arrangements based on this but now the owner has said that they want cover for these days, which as it stands I’m struggling with (due to availability of people and the extra finance involved with getting cover).

After they came into work for the umpteenth time and in no uncertain terms were abrupt, rude and condescending to me in front of all the other staff, I decided it was the last straw and to hand my notice in the next day.

I have seen however the notice period is 3 months! I can’t believe I miss read that! Lessons learned.

I called up for some legal advice and have been told that breaking the contract could result in me being sued, but also verbal agreements don’t really count for much. They said try and leverage the promised holiday to reduce the notice period, but the owner has only accepted the resignation and said they would be looking for someone to fill the position, without mentioning the reduced notice period.

Is there any way at all, in the eyes of the law I can significantly reduce the notice period?
Is there any possibility the legal advice I’ve sought have missed something?

Undervalued

KingT4 wrote: »

Hi, I started a job as a contractor back at the beginning of August. I accepted the job because I was told I had full autonomy with clients and that I would be working ethically. I signed a contract and for the first month things were ok.

The person who owns the business however has been around far more over the last two months and is now telling me how to perform the job, at times working in a way I consider unethical. Also due to certain times not being busy the owner allowed me to take some time out for holidays. I made arrangements based on this but now the owner has said that they want cover for these days, which as it stands I’m struggling with (due to availability of people and the extra finance involved with getting cover).

After they came into work for the umpteenth time and in no uncertain terms were abrupt, rude and condescending to me in front of all the other staff, I decided it was the last straw and to hand my notice in the next day.

I have seen however the notice period is 3 months! I can’t believe I miss read that! Lessons learned.

I called up for some legal advice and have been told that breaking the contract could result in me being sued, but also verbal agreements don’t really count for much. They said try and leverage the promised holiday to reduce the notice period, but the owner has only accepted the resignation and said they would be looking for someone to fill the position, without mentioning the reduced notice period.

Is there any way at all, in the eyes of the law I can significantly reduce the notice period?
Is there any possibility the legal advice I’ve sought have missed something?

Only by negotiation!

The alternative is to take a chance and break the contract. They can only sue you for actual provable losses, which they have a duty to minimise, but under some circumstances that could be substantial.

As for "verbal agreements don't count for much"....

Well in most situations they are just as valid as a written agreement but obviously far harder to prove what was agreed. However if your employer's normal terms for similar posts are 3 months notice, unless you have good evidence that yours was less then, on the balance of probabilities, that is proved!

sangie595

I can't see what they might have missed. It could get very messy and may impact on your wider business. I think you must either comply with your contract or take the risk you may be sued.

Comms69

ONLY as a gesture of goodwill by the employer.

bugslet

Ask the employer, they may feel that you aren't a fit for the business and be happy to reduce the amount of notice.

marcarm

Imagine it the other way around

"I have been let go from my position, my contract states that I have a 3 month notice period but they only want to pay me for 1 week"

All you can do is negotiate. And read any future contracts very carefully before agreeing to them

KingT4

What could I possibly negotiate?

Reason being I anticipate that they will have difficultly finding another candidate that will go self employed and who is likely to agree to a similar percentage, so without sounding negative I think I could be stuck for three months unless I can prove the verbal agreements have been broken. I think the owner is quite vindictive and I’d rather extricate myself from the whole company rather than get bogged down without being able to look for another job (because I can’t start for 3 months)

Undervalued

KingT4 wrote: »

What could I possibly negotiate?

Reason being I anticipate that they will have difficultly finding another candidate that will go self employed and who is likely to agree to a similar percentage, so without sounding negative I think I could be stuck for three months unless I can prove the verbal agreements have been broken. I think the owner is quite vindictive and I’d rather extricate myself from the whole company rather than get bogged down without being able to look for another job (because I can’t start for 3 months)

Plenty of jobs have a three month notice period so employer's are quite used to waiting. Those that won't and / or encourage people to break existing contracts should be regarded with suspicion!