Notice period question

AyeReady1985

Hello all,

I have recently received an offer of a new job, one which I would be very keen to accept. The only hitch is that they need someone to start quite quickly, around 4 weeks from the offer being made.

I have been employed in my current job for 12 years. HR are stating that I am due them 1 week for every year I have been employed. I am really unhappy about this as I have watched 40+ colleagues leave our office over the years and nobody has ever been asked to give this level of notice. In fact most people have only worked 4 weeks, even those who have worked the same level of service + as myself. I mentioned this to HR and they replied stating that each individual circumstance is treated in a different way and that due to business needs I must work the 12 weeks.

I cannot locate a copy of my contract and have asked HR to provide this for my review.

I feel that asking me to complete 12 weeks is effectively blocking me from getting a new job as most companies will not wait 3 months to hire someone. Can they do this?

Any help as to where I stand would be appreciated.

Thanks

Undervalued

AyeReady1985 wrote: »

Hello all,

I have recently received an offer of a new job, one which I would be very keen to accept. The only hitch is that they need someone to start quite quickly, around 4 weeks from the offer being made.

I have been employed in my current job for 12 years. HR are stating that I am due them 1 week for every year I have been employed. I am really unhappy about this as I have watched 40+ colleagues leave our office over the years and nobody has ever been asked to give this level of notice. In fact most people have only worked 4 weeks, even those who have worked the same level of service + as myself. I mentioned this to HR and they replied stating that each individual circumstance is treated in a different way and that due to business needs I must work the 12 weeks.

I cannot locate a copy of my contract and have asked HR to provide this for my review.

I feel that asking me to complete 12 weeks is effectively blocking me from getting a new job as most companies will not wait 3 months to hire someone. Can they do this?

Any help as to where I stand would be appreciated.

Thanks

That may be what your contract specifies, in which case your are rather stuck with it, but what they are quoting is the legal default if they were giving you notice (1 week per year up to a maximum of 12 weeks).

If there is no contractual period of notice agreed then for you to give them notice the legal default never increases above one week regardless of how long you have been employed.

Obviously you need to see your contract but remember that a "contract" is not just a sheet of paper with the word contract on it. Verbal agreements are just a binding (although far harder to prove) and things like employee handbooks and information on the company intranet etc can all form a part.

All that said, 3 months is not unusual at all in many fields and for more senior positions. Most companies will wait. Beware of those that push you to break your existing contract, they may have similarly bad morals when it comes to dealing with you!

[Deleted User]

AyeReady1985 wrote: »

I feel that asking me to complete 12 weeks is effectively blocking me from getting a new job as most companies will not wait 3 months to hire someone. Can they do this?

Any help as to where I stand would be appreciated.

Thanks

You are really asking 12 years later?

I nearly worked for a transport company that commanded two months notice for service of less 24 months rising to three months after 2 years, I wasn't management but the only full time CS agent after two maternity leavers going off around same time. I decided to walk having seen terms written down like that and the fact the job was 50 hours plus a week. It was little wonder it required the notice period they wanted. (and no the notice period was not equal) no doubt many MSE'ers will be along to say how they would have worked for £7.50 in July 18 but not me. As it was I only lost a week and half's money as they didn't mind not paying me so don't worry to much about morals. But I figure a 12 years stint is pretty damaging.

JReacher1

You’ve got two options.

1) Work the 12 weeks notice and hope that your employer will wait.
2) Only do four weeks notice in which case you could be sued by your current company.

It’s up to you really.

Gavin83

JReacher1 wrote: »

2) Only do four weeks notice in which case you could be sued by your current company.

Plus have no chance of getting a reference in the future from your current employers, or alternatively a 'bad' one. Given that you worked there for 12 years that could be damaging, especially if this new job doesn't work out.

As JReacher1 said, it's up to you.

Masomnia

JReacher1 wrote: »

2) Only do four weeks notice in which case you could be sued by your current company.

It’s up to you really.

One would assume they would only sue if they could prove that OP actually had to give 12 weeks notice. Otherwise it would be a bit daft of them.

As Undervalued says the default is 1 week's notice unless contractually you have to give more, so I would be clear what the contractual notice is before doing anything.