Notice period help

NasaBeag

Hi all,
I wonder if anyone can offer a little help with this.
I have handed in my notice to leave my current position. I have been told I must give 9 weeks notice as I have worked 9 years.
I really can only give 4 weeks as my new job requires me to start ASAP.

Now my current employer have said this is not possible and 9 weeks must be given, this could cost me the job I have been lucky enough to secure.

This is the bit I need help with. I signed my contract 9 years ago.
it does say one week per year worked.
the company did renew all contracts for employees a few years back but mine was missed as I was on holiday.
the new contracts still say one week per year worked but have other small details mine does not. 

Now my contract I have has our old working address as the business has moved, it also has a position I did when I first started, I am now a manager of a different department. It also has different hours and pay as to what I am now doing.
What I mean is most of the specifics in contract do not apply to my current role, but they are still saying I have to give 9 weeks.
now several colleagues of mine over the years have all left and given 4 weeks or less, which has been excepted by the company but mine is not. These people has all worked 6 years plus. 

I wondered what people think of this and is there much I can do to leave after 4 weeks instead of 9.
I really do not want to lose this opportunity at the new place.

also if I did leave after 4 weeks and they want 9 is there anything they can do about this?

I hope you can help and thank you so much for any help you can give.

getmore4less

a contract is the sum of the parts, changing one bit like a pay rise does not negate the rest.

Many bits may have changed but it appears the core one on notice remained at one week per year.

What can they do...... sue you for losses if you don't work your notice.

Will they who knows.

what can you do......
Negotiate with the potential new employer for a delayed start(would you want to work for a company that insists you break a contract ).

Make the current employer not want you around s much, rapid handover get cover etc.

68ComebackSpecial

NasaBeag said:

Hi all,
I wonder if anyone can offer a little help with this.
I have handed in my notice to leave my current position. I have been told I must give 9 weeks notice as I have worked 9 years.
I really can only give 4 weeks as my new job requires me to start ASAP.

Now my current employer have said this is not possible and 9 weeks must be given, this could cost me the job I have been lucky enough to secure.

This is the bit I need help with. I signed my contract 9 years ago.
it does say one week per year worked.
the company did renew all contracts for employees a few years back but mine was missed as I was on holiday.
the new contracts still say one week per year worked but have other small details mine does not. 

Now my contract I have has our old working address as the business has moved, it also has a position I did when I first started, I am now a manager of a different department. It also has different hours and pay as to what I am now doing.
What I mean is most of the specifics in contract do not apply to my current role, but they are still saying I have to give 9 weeks.
now several colleagues of mine over the years have all left and given 4 weeks or less, which has been excepted by the company but mine is not. These people has all worked 6 years plus. 

I wondered what people think of this and is there much I can do to leave after 4 weeks instead of 9.
I really do not want to lose this opportunity at the new place.

also if I did leave after 4 weeks and they want 9 is there anything they can do about this?

I hope you can help and thank you so much for any help you can give.

As your contract states that you are to give one weeks notice for each year of service then that is what is required and it is entirely at the employer's discretion as to whether they agree to waive it or not. 

Should you leave before the end of your contractual notice period then the employer could supply a potentially damaging reference by including this fact. They could also sue you for any additional costs they incur as a direct result of your early departure such as the cost of hiring a temp over and above your normal cost to the company.

How much accrued holiday do you have? Would your employer agree to you taking this during your notice period and thereby shorten it?

[Deleted User]

If the job is dependant on reference, then you might be in a tricky position losing possibly 9 years history if not with this job but another where it may later be required. 

You are best stating the fact it has come to light now, you have a longer notice period to new employer.
Imagine you go to start new job because you are needed as soon as possible, only to learn there will be other new starters after you that meant you could have easily brought up this subject of a delayed start - save yourself the hassle.

Last Employer I joined commanded in their offer letter not seen until first day regrettably, that you actually had to leave a past Employer smoothly. Filling in application form on first day, it was apparent they intended to run reference checks. I nearly did offer to work weekends (when I would have been free on new job) to make up for the slight lack of notice period required with old job but ended up glad I didn't, because again new employer stipulated that wasn't allowable saying you should rightfully be free to take up contract exclusively. 

Walking away early where they are against it, never ends well.

oh_really

What's the relationship like between your employer and you?

Out of interest what notice period is your prospective employer imposing?

chrisbur

NasaBeag said:

This is the bit I need help with. I signed my contract 9 years ago.
it does say one week per year worked.

Can you give the exact wording of this part of the contract?

sammyjammy

Is there not a max number of weeks included in the contract?  On the basis of your terms I would have to work  nearly 8 months notice in my current job!  

74jax

My notice was 3 months.... Its hard... But my old company did chase losses so I knew I had to work it.

If just say to your new company your contract is 9 weeks, you've tried to negotiate but can't. A decent company will not expect you to break a contract. 

In your new contract, what is there notice? I would always check this now, as like i say, 3 months was tough. 

General_Grant

chrisbur said:

NasaBeag said:

This is the bit I need help with. I signed my contract 9 years ago.
it does say one week per year worked.

Can you give the exact wording of this part of the contract?

Please answer this.  
Statutory notice from the employer would be nine weeks for someone who had worked nine complete years and some, but not all, contracts require equivalence in notice periods between employer and employee.

Undervalued

General_Grant said:

chrisbur said:

NasaBeag said:

This is the bit I need help with. I signed my contract 9 years ago.
it does say one week per year worked.

Can you give the exact wording of this part of the contract?

Please answer this.  
Statutory notice from the employer would be nine weeks for someone who had worked nine complete years and some, but not all, contracts require equivalence in notice periods between employer and employee.

But even if it does that would only mean that the OP has to give eight weeks notice instead of nine. As I understand it the OP is looking to give four weeks or even less.

Unless they have totally misread the contract it really doesn't help very much.

General_Grant

Undervalued said:

General_Grant said:

chrisbur said:

NasaBeag said:

This is the bit I need help with. I signed my contract 9 years ago.
it does say one week per year worked.

Can you give the exact wording of this part of the contract?

Please answer this.  
Statutory notice from the employer would be nine weeks for someone who had worked nine complete years and some, but not all, contracts require equivalence in notice periods between employer and employee.

But even if it does that would only mean that the OP has to give eight weeks notice instead of nine. As I understand it the OP is looking to give four weeks or even less.

Unless they have totally misread the contract it really doesn't help very much.

If the contract required equality on notice periods then the OP would need to give nine weeks' notice as they have said they have worked nine years.
But if they show the actual wording we could see whether that equality exists or that, for the employee to give, it is 4 weeks, one month, or something else.