6 months notice period , help!

ontheupslope

Hi all , 
I think I know I'm stuck here , but I'll ask the question anyway. 
My wife and I have decided to take 12 months out. Unfortunately, when I've checked my contract I've realised my notice period is 6 months! I've politely asked that I work 3 months notice, which has been robustly refused by the company. This , even though my peers (same position and pay) are on 3 months notice. I think I'm on 6 months as I'm the newest recruit and they have upped the notice period. If I work 3 months and walk , what can they realistically do ? I would much rather leave on good terms , but I can't see that happening. 
Obviously I signed this contract so I guess I'm stuffed, but would appreciate it if anyone has any bright ideas that can get me out of it! 

Thanks 

Undervalued

ontheupslope said:

Hi all , 
I think I know I'm stuck here , but I'll ask the question anyway. 
My wife and I have decided to take 12 months out. Unfortunately, when I've checked my contract I've realised my notice period is 6 months! I've politely asked that I work 3 months notice, which has been robustly refused by the company. This , even though my peers (same position and pay) are on 3 months notice. I think I'm on 6 months as I'm the newest recruit and they have upped the notice period. If I work 3 months and walk , what can they realistically do ? I would much rather leave on good terms , but I can't see that happening. 
Obviously I signed this contract so I guess I'm stuffed, but would appreciate it if anyone has any bright ideas that can get me out of it! 

Thanks 

They could sue you for any quantifiable losses this causes them, after allowing for the saving on your salary. They could also mention it in any reference. They would have a legal duty to minimise their losses as far as reasonably possible.

How likely that is? Who knows. What loss would they actually suffer?

TELLIT01

Presumably it's pretty specialised work if the employer requires new employees to give 6 months notice.  That being the case it may be difficult for the employer to fill the vacancy and the could have a major impact on them.  In that situation, after them having already refused to shorten the notice period, they may be more inclined to go after the OP if they walked out.

ontheupslope

I'm a manager of a manufacturing facility. Not what you would call specialised. They struggle to recruit because their Glassdoor/indeed reviews are diabolical. They also have people who could do my role in the business. 

Brie

Give your notice and book your holiday tacked on to the notice.  Then point out to them how little time you will actually have to work and offer to train someone starting now to take over your role.

ontheupslope

Brie said:

Give your notice and book your holiday tacked on to the notice.  Then point out to them how little time you will actually have to work and offer to train someone starting now to take over your role.

That is precisely what I've done. They aren't playing ball though. 

goater78

I would just say you are doing three months and not six.  if you were moving into another job straight away they could cause you problems but if you are planning on just taking 12 months off their options are a bit limited.  Obviously you're not going to get a decent reference but it is very unlikely they will take any legal action without you.

General_Grant

goater78 said:

I would just say you are doing three months and not six.  if you were moving into another job straight away they could cause you problems but if you are planning on just taking 12 months off their options are a bit limited.  Obviously you're not going to get a decent reference but it is very unlikely they will take any legal action without you.

My opinion, not worth much I know, is that this could be more problematic.  If someone goes to a new job straight away, the reference to the new employer will have been given before they leave their current job but if the employee wants to work again then a new potential employer would be seeking a reference after the OP has already broken their contract.  That's not a good look.

goater78

General_Grant said:

goater78 said:

I would just say you are doing three months and not six.  if you were moving into another job straight away they could cause you problems but if you are planning on just taking 12 months off their options are a bit limited.  Obviously you're not going to get a decent reference but it is very unlikely they will take any legal action without you.

My opinion, not worth much I know, is that this could be more problematic.  If someone goes to a new job straight away, the reference to the new employer will have been given before they leave their current job but if the employee wants to work again then a new potential employer would be seeking a reference after the OP has already broken their contract.  That's not a good look.

I tend to find companies ask for references after people have started worked for them now. It’s a bit weird but I have got around a dozen reference requests in the last 12 months for people who have left and already started at a new employer. I suppose they’re on probation so can easily be got rid of but it doesn’t sound the most efficient way of running a business. 

Ultimately the decision really rests with whether the OP foresees they’ll need a decent reference

SChitmehard

If you've just started, then you can leave giving them the statutory notice. My contract had 1 week for the first 6 months of employment either side. 

ontheupslope

I've been in the position for 8 months. I'm not bothered about references , just worried they will take me to court or withhold my last month's salary