Do I have to work notice?

cherrymountainroad

I have been in my current job for over 7 years as a senior manager. For various reasons, I want to leave at beginning of June. Contractually, I have to give 3 months notice and only a couple of days of holidays left so would need ideally to hand in my notice asap. However, we are due to receive a bonus at start of April which of course I would not be entitled to if I have handed in my notice. But if I want until bonus payout, I would need to work until beginning of July.

I doubt whether my employer would just agree to shorten my notice to 2 instead of 3 months as June will be a particularly busy peak period involving a long trip away (which I want to avoid). Are there any other reasons I could use to shorten my notice? I suppose the nuclear option could be just to call in sick for last few weeks but could be the repercussions?

Thanks in advance.

amanda1024

You seem to want to have your cake and eat it! If the bonus is only payable if you haven’t handed in your notice, presumably that’s because the company wants to avoid paying bonuses to people who are about to leave.

You might have to just try to negotiate with your employer. I’d have thought they wouldn’t want to pay for a long trip for someone who’s about to leave - but I guess it depends on the nature of the trip.

cherrymountainroad

Thanks for your reply! In a way, yes:-) The bonus is based on 2023 targets so I feel I have earned it. But would rather forego it than having to work throughout June. The nature of the trip is that I am pretty sure they will still expect me to go if I am working there. Some food for thought. 

BoGoF

Is the bonus contractual or discretionary?

cherrymountainroad

Discretionary but its mentioned in my contract. 

Undervalued

cherrymountainroad said:

I have been in my current job for over 7 years as a senior manager. For various reasons, I want to leave at beginning of June. Contractually, I have to give 3 months notice and only a couple of days of holidays left so would need ideally to hand in my notice asap. However, we are due to receive a bonus at start of April which of course I would not be entitled to if I have handed in my notice. But if I want until bonus payout, I would need to work until beginning of July.

I doubt whether my employer would just agree to shorten my notice to 2 instead of 3 months as June will be a particularly busy peak period involving a long trip away (which I want to avoid). Are there any other reasons I could use to shorten my notice? I suppose the nuclear option could be just to call in sick for last few weeks but could be the repercussions?

Thanks in advance.

I think you know the answer to these questions, both morally and legally!

Worst case is that your employer sues you for any losses they incur as a result of you not working your notice, which could potentially include the bonus as you would not have adhered to the terms under which it is paid.

They could also detail your behaviour in any reference or refuse to provide one at all!

Best case is that they do nothing and you get away with it!

DullGreyGuy

cherrymountainroad said:

I have been in my current job for over 7 years as a senior manager. For various reasons, I want to leave at beginning of June. Contractually, I have to give 3 months notice and only a couple of days of holidays left so would need ideally to hand in my notice asap. However, we are due to receive a bonus at start of April which of course I would not be entitled to if I have handed in my notice. But if I want until bonus payout, I would need to work until beginning of July.

I doubt whether my employer would just agree to shorten my notice to 2 instead of 3 months as June will be a particularly busy peak period involving a long trip away (which I want to avoid). Are there any other reasons I could use to shorten my notice? I suppose the nuclear option could be just to call in sick for last few weeks but could be the repercussions?

Thanks in advance.

As a senior manager how would you feel if one of your direct reports did the same? Surely in such a position you already know the answers. 

You say a few days left of holiday... does that factor in the fact you are only working a part year so only have a part year entitlement to holiday?

You cannot just "call in sick" for the last few weeks, you'd need to get a fit note from your doctor to say you are too ill to work and so is your doctor the type to be happy to be complicit in fraud? If you have such a fit note it almost certainly would cause problems to a new employer (if thats your plan) were you to work for them whilst signed off unfit for work. 

Contracts are what each side can force the other to do through the courts, any two parties are always free to come to a different agreement than what the contract says. It comes down to a negotiation and that in part will depend on how you present your case and what you are planning to do afterwards. Employees on their notice period are never the most productive and so companies can be keen on a shorter notice as long as they know the less hands isn't going to be a problem so tell them how they'd cope without you. As a "senior manager" presumably you know a lot of confidential corporate items like this years strategy or customer lists etc and so if you are going straight to a competitor they may want to put you on garden leave to start devaluing your knowledge; you're still an employee and could be called in but means you dont have to work the time, can be another card to play if its true (though maybe you dont mind being selective about the truth?)

EnPointe

cherrymountainroad said:

I have been in my current job for over 7 years as a senior manager. For various reasons, I want to leave at beginning of June. Contractually, I have to give 3 months notice and only a couple of days of holidays left so would need ideally to hand in my notice asap. However, we are due to receive a bonus at start of April which of course I would not be entitled to if I have handed in my notice. But if I want until bonus payout, I would need to work until beginning of July.

I doubt whether my employer would just agree to shorten my notice to 2 instead of 3 months as June will be a particularly busy peak period involving a long trip away (which I want to avoid). Are there any other reasons I could use to shorten my notice? I suppose the nuclear option could be just to call in sick for last few weeks but could be the repercussions?

Thanks in advance.

you want  to have your cake and eat it   

 you have 2 choices  resign  in line with your plans to leave in june or  revise your plans to leave once your bonus  has  been paid 

TELLIT01

I'm afraid that as a senior manager I think your attitude is poor.  You can't have everything.  The realistic options are to forego the bonus or ask your potential employer to wait another month.

Doshwaster

No harm in asking if you could reduce your notice period. The employer may be happy to save money by getting you off their books sooner but you have no right to demand that they don't hold you to the notice period to be prepared for them to refuse.