Notice period

[Deleted User]

Depends how important the project or piece of work is, I personally don't think anyone would stand in your way of securing more permanent work. The only trouble you may have is starting a job if you are not committed.

I know when I was a temp on a 2 month contract temp'ing week by week, the business said just finish end of day and that was under an agency who in the AM said I would have to work a week but their client clearly didn't agree. Heck even the end of a permanent job at 6 weeks, I got told I could go end of day as I had pretty much made their lives a lot simpler.

I've also had a fixed term end early, all the employer needed to do was serve notice. Admittedly it was a month either way after I got past the third month as they really needed someone to do the intended duration of the FTC. I've had an employer claim zero-hours was really permanent when it suited them in terms of simply achieving more notice so it all goes on.

nicechap

Lymberz wrote: »

I mean, if I was there for a day and decided to leave, would they really make me work the 3 months?
I haven’t started yet, I start tomorrow. I am signing the contract tomorrow too. I am going to discuss it with them first though.

Without knowing the company or the individuals you'd be working for/ with, no one on the internet can tell you for sure.

As previously advised, if you agree the contract, then they can enforce it or sue you for their losses arising from your breach.

Even if you don't sign the contract but start work the notice period would still apply.

So tomorrow, challenge the term by striking it through and replacing it with what you'd be comfortable with (1 week/ 1 month etc). Whether they let you stay afterwards is up to them.

Or you could not turn up tomorrow and just offer your apologies.

DCFC79

Lymberz wrote: »

I mean, if I was there for a day and decided to leave, would they really make me work the 3 months?
I haven’t started yet, I start tomorrow. I am signing the contract tomorrow too. I am going to discuss it with them first though.

Possibly yes but as mentioned only people who can give a definitive answer would be the employer, its also possible they would be ok with less than the 3 months notice.


Maybe what would swing it (in your favour) is how easy it would be to find a replacement.

theoretica

It is a common business risk to lose people on short term contracts to longer contracts elsewhere - if the business want to avoid this are they paying enough of a premium?

Rosiebarby

Thanks for all your replies. I will have a talk to them when I go in tomorrow.

Undervalued

Lymberz wrote: »

Yes, I understand, but they only have to give me a months notice!

Well that is a lot better than the statutory minimum! There is no legal requirement for the notice periods to be equal. Any contractual requirement for more that the statutory minimum is entirely a matter for negotiation.

Lymberz wrote: »

I mean, if I was there for a day and decided to leave, would they really make me work the 3 months?

It depends entirely on the business. If the job desperately needs doing and it doesn't take long to get up to speed then they may well.

If it takes a month or so before the employee is useful and "earning their keep" then they probably wouldn't.

Remember, a contract of employment doesn't have to be signed to be enforceable. If you have been made aware of the terms and agreed to start then you have legally accepted the contract.

Most likely they won't try to enforce the contract against your wishes and would agree to you leaving with far less notice (or even none). However nobody here can guarantee that. They might be difficult about it, who knows?

TELLIT01

Lymberz wrote: »

Thanks for all your replies. I will have a talk to them when I go in tomorrow.

Is that sensible? You say you haven't been offered the other job yet. If you tell your new employer you may want to leave by giving less than the required notice, they may grant your wish and terminate now. With less than 2 years employment with them, they can terminate without giving any reason.

lloydl26

I started a fixed term contract for 6 months but was told it will always get renewed, it’s just how they work (did two years in the end).

I also had a 3 month notice period, subsequently a couple months before my contract was due to “end” I got offered a permanent role elsewhere but needed me to start within 30 days.

I approached my manager and asked for early release which got rejected, as a loyal person I didn’t walk out on them, turned down the other opportunity and stayed. Well that was a mistake, not long after they ended my contract and now I’ve been out of work for 6 months with a baby on the way in a difficult marketplace.

This probably isn’t advise that many will agree with but you need to look out for number one and do what’s good for you. If you get offered the other job and really want it, walk out because the employer won’t be as loyal to you as you’d like to be for them.