Notice period - confused

LizaSS

About to quit my job, can’t take it anymore, confused regarding notice as all its says: ‘The contract is for a minimum of 12 months starting 1 September 2021 and will include a 3 month rolling notice period that cannot be activated until 31 May 2022.  

Does it mean I can just leave at anytime without me giving notice? TIA

General_Grant

LizaSS said:

About to quit my job, can’t take it anymore, confused regarding notice as all its says: ‘The contract is for a minimum of 12 months starting 1 September 2021 and will include a 3 month rolling notice period that cannot be activated until 31 May 2022.  

Does it mean I can just leave at anytime without me giving notice? TIA

No.
It means they are keeping you to the full minimum length of your contract - to 31 August 2022.  To leave on that date you would need to give your 3 months notice and that would be on 31 May, the date they specify.

powerful_Rogue

Jillanddy said:

General_Grant said:

LizaSS said:

About to quit my job, can’t take it anymore, confused regarding notice as all its says: ‘The contract is for a minimum of 12 months starting 1 September 2021 and will include a 3 month rolling notice period that cannot be activated until 31 May 2022.  

Does it mean I can just leave at anytime without me giving notice? TIA

No.
It means they are keeping you to the full minimum length of your contract - to 31 August 2022.  To leave on that date you would need to give your 3 months notice and that would be on 31 May, the date they specify.

It also means - assuming UK law applies - that they have not a hope in hell of enforcing it. We have employment,  not slavery. Give the 3 months notice.  They can't force anything beyond that. Of course,  it would be sad if you are sick for the entire period of your notice....

Breach of contract - Could work out pretty expensive for the OP.

LizaSS

Thanks everyone, I guess its going to be a week of debating with HR about the next step.

Thrugelmir

Your employer has to give you 3 months notice as well. There's nothing to stop you leaving early, i.e. walking out. Though depending what field you you are in. Worth remembering that it can be a small world. Paths often cross again. Personal reputation is therefore paramount. 

Brie

See now I thought it said that it was a 12 month contract and the 3 month notice period started at 1st June 2022.  Which means that at that date they can tell you they don't want you beyond the 12 months but that rolls on giving you 3 months notice to the end of employment from that date on.

But yes - ask HR.  And tell your manager that you are leaving as of 31st Dec which is more than 2 weeks notice and that you are taking holidays over Christmas.  (well that's what I'd do....)

pinkshoes

Go and see HR, tell them you are finding the job too stressful and would like to hand your notice in, and ask if 2 weeks is enough. See what they say... Perhaps suggest 1 month?

If they say it's a full year, then tell them you will go and speak to your doctor due to your levels of stress being too high in this job, will probably get signed off sick and will thankfully still be able to accumulate holiday...

Their contract term of a full year is unfair. 

General_Grant

powerful_Rogue said:

Jillanddy said:

General_Grant said:

LizaSS said:

About to quit my job, can’t take it anymore, confused regarding notice as all its says: ‘The contract is for a minimum of 12 months starting 1 September 2021 and will include a 3 month rolling notice period that cannot be activated until 31 May 2022.  

Does it mean I can just leave at anytime without me giving notice? TIA

No.
It means they are keeping you to the full minimum length of your contract - to 31 August 2022.  To leave on that date you would need to give your 3 months notice and that would be on 31 May, the date they specify.

It also means - assuming UK law applies - that they have not a hope in hell of enforcing it. We have employment,  not slavery. Give the 3 months notice.  They can't force anything beyond that. Of course,  it would be sad if you are sick for the entire period of your notice....

Breach of contract - Could work out pretty expensive for the OP.

Jillanddy said:

powerful_Rogue said:

Jillanddy said:

General_Grant said:

LizaSS said:

About to quit my job, can’t take it anymore, confused regarding notice as all its says: ‘The contract is for a minimum of 12 months starting 1 September 2021 and will include a 3 month rolling notice period that cannot be activated until 31 May 2022.  

Does it mean I can just leave at anytime without me giving notice? TIA

No.
It means they are keeping you to the full minimum length of your contract - to 31 August 2022.  To leave on that date you would need to give your 3 months notice and that would be on 31 May, the date they specify.

It also means - assuming UK law applies - that they have not a hope in hell of enforcing it. We have employment,  not slavery. Give the 3 months notice.  They can't force anything beyond that. Of course,  it would be sad if you are sick for the entire period of your notice....

Breach of contract - Could work out pretty expensive for the OP.

Unfair contractual terms are not enforceable. I would like to see any court in the land say that you MUST serve at the employers pleasure without any right to resign. 

And deciding what is "unfair" is not clear cut.   It is effectively initially a one-year notice period, which reduces as time progresses.

getmore4less

Bet there are people out there with 6 month, 9month, 1 year+ notice periods in their contracts.

What length does it become an unfair term?

Sandtree

Jillanddy said:

getmore4less said:

Bet there are people out there with 6 month, 9month, 1 year+ notice periods in their contracts.

What length does it become an unfair term?

I think most courts would find a one year contract with one year notice pretty unfair! The OP would have to be someone very critical to make that remotely fair. 

Its less about being very critical and more about being involved in very sensitive pieces of work (eg mergers & acquisitions, strategy and at a push new product development).  By virtue of being involved in these you are typically going to be middle management/high level technical type person but normally the company will operate fine without you but they dont want you going to the competitor who's counter bidding to buy the same 3rd company.

When the resignation comes in you are on garden leave as fast as a handover can be done and left to have your insider knowledge degrade. 

You also have to remember that long notice periods are generally seen as a good thing, which is why the government sets a minimum notice period rather than a maximum. I've only known one person that had a 12 month notice period and he sacrificed his discretionary bonus by refusing to sign new T&Cs that would have reduced it to 3 months as he was angling for redundancy in which case the 12 months notice would be paid in lieu. 

Jillanddy said:
But there is absolutely nothing to prevent the OP from going off sick with stress related to this job, then going off and getting another job at the same time - fit notes don't have to prevent you from doing any work, just the work that is causing the medical condition. Perfectly legal

Only perfectly legal if:

1) They do actually have an illness caused by work

2) They can get their doctor to give a partial fit note, their current contract doesnt prohibit a second job and their new employer are comfortable accepting them in work whilst under a partial fit note -  there is a risk to their Employers Liability insurance if they allow an employee who isnt fit for work to continue on

Unless the OP is going for a totally different career its a bit hard to see how an employer could get themselves comfortable that "office job A" is causing them stress but there is no risk of "office job B" causing the same issue if stress is the listed reason on a partial fit note.

getmore4less

Not a fan of recommending faking sick.