3 Month Notice Period

jasons_2

I'm currently in a job with a 3 month notice period.

If I want to leave, does anyone know if I can actually be held to 12 weeks?

The reason I ask is that a colleague is leaving, and is being told that he must work his full 12 weeks- crazy I think, as you want to go, the company knows you want to go.

Someone mentioned in discussion that they can oly legally hold you to 2 weeks.

Can anyone clarify?

Thanks,

J

dmg24

Legally, they can hold you to any period that you agree to in your conditions of employnent. The only exception to this is if the term is deemed to be unfair, and what is unfair would depend on the particular role and industry (amongst other considerations).

*Chattie*

I always thought it depended on how you were paid in that being paid monthly meant you had to serve a months notice and being paid weekly means serving a week but if your contract says 3 months that it means that they had to give you three months notice?

dmg24

*Chattie* wrote: »

I always thought it depended on how you were paid in that being paid monthly meant you had to serve a months notice and being paid weekly means serving a week but if your contract says 3 months that it means that they had to give you three months notice?

The notice period being the same as the payment period does not have any legal basis, though it is quite commonplace (makes it easy for administration/ payroll purposes).

The employer does not necessarily have to give you the same period of notice, it does not have to be equal on both sides (though if the employer had to give less notice, this would point to the term possibly being unfair).

cazziebo

Unfortunately dmg is right. You can be held to it and would lose any bonuses, etc and may also pick up a poor reference if you don't remain. I've been in this situation personally and it is a bit mad. The potential to remain committed to a company for a four week notice period is difficult, never mind three months.

Having said that, you may find it is negotiable. Don't know until you try.

Sunny2

I also had a 3 month notice. When I resigned, I explained that whilst I was not happy working with the company, and gave some reasons why, I would of course by happy to honour my 3 month notice period. The company decided that it would be better for me to go earlier, rather than later, as a company morale issue and asked me to complete a full handover before leaving. It took me two weeks to bring my colleague fully up to speed and I left on good terms having been paid out the full 3 months. A friend with the same notice contract, was shown the door immediately, as he was going to a competitor! Like other posters have said, you may be able to negotiate.

Zazen999

I managed to get out of 2 three month notice period jobs; by being very friendly and helpful on one hand but on the other stating very often that; if I was you, I wouldn't want me knowing this [then quote some important recent company detail - preferably financial and confidential]; it soon works - a fast handover is arranged and 2 months gardening leave very soon follows.

Or deliberately keep locking yourself out of the system, so that you can't work; and it will be too much trouble to keep resetting passwords [make comments about HR/IT being efficient on some things - ie deleting your account] and again, you could find yourself off the premises faster than greased lightening.

Or, even better, put it in your resignation letter that due to the nature of your new role, you fully expect that after [say] the next 2 weeks in which you will prepare handover notes, it is unlikely that you will be needed and that you fully understand if they wish you to stay away from the premises during your notice period.

Obviously, much better to negotiate all this with the manager; but if they see you as being a pain/liability/nightmare then they will want the info on current workload and then want you out - the quicker you can get this sorted the quicker you can leave.

CROTHEC

Hello

I need some help.
i have worked for over a year with a company lets say for names sake we call them compnay A.
Company A got bought out by another company ( company
Now my original contract with company A states i had to give 3 months notice despite me not being in senior managment, and they even said on more than one occassion that this was a mistake and the HR director had not edited my contract properly and i should have had just one months notice.

However when Companyy B took Company A over we were surposed to sign onto their contracts which again required a 1 months notice period for them too but i had already had my resignation letter in to go to another job before and stuck to what Company A's contact said on it. 3 months notice.
Company A is due to be desolved this Feb and as far as i am conserned i still answer to company A until then as i have never signed anything with Company B.
Compnay B is now making me work that full 3 month period despite the fact that i will have to undergo all their inductions and training and i have then have a 2 week holiday ( pre booked).
So i will transfer over to Company B this February only to have 2 weeks holiday then undergo their inductions and training ( although not attending their conference as i am leaving ) only to work 2 weeks after.
I am not sure why they have turned out to be so awkward?
To top it off i told the copmany A 4 months ago i would be re locating and i was honest and upfront that i would not be able to do my job from Colchester hence the reason for leaving ( company based in Stroud) and they replied saying i could call or email my customers from home instead of visiting them in that 3rd month.......?? ( im in feild sales???)

It does not make sence!!?

please can someone advise

does anyone know how i can get out of this 3 month notice period as this is ridiculous.

Acc72

jasons wrote: »

I'm currently in a job with a 3 month notice period.

If I want to leave, does anyone know if I can actually be held to 12 weeks?

The reason I ask is that a colleague is leaving, and is being told that he must work his full 12 weeks- crazy I think, as you want to go, the company knows you want to go.

Someone mentioned in discussion that they can oly legally hold you to 2 weeks.

Can anyone clarify?

Thanks,

J

I guess that you were happy with this level of notice period when you joined the company ?

Also, what if this was the other way round - would you expect the company to honour this and give you 12 weeks notice ?

McKneff

CROTHEC wrote: »

Hello

I need some help.
i have worked for over a year with a company lets say for names sake we call them compnay A.
Company A got bought out by another company ( compnay
Now my original contract with company A states i had to give 3 months notice despite me not being in senior managment and they even said on more than one occassion how this was a mistake and HR director had not edidted my contract properly and i should have had just one months notice.

However when Companyy B took Company A over we were surposed to sign onto their contracts which again required a 1 months notice period for them too but i had already had my resignation letter in to go to another job before hand and stuck to what Company A's contact said on it. 3 months notice.
Company A is due to be desolved this Feb and as far as i am conserned i still answer to company A until then as i have never signed anything with Company B.
Compnay B is now making me work that full 3 month period despite the fact that i will have to undergo all their inductions and training and i have then have a 2 week holiday ( pre booked).
So i will transfer over to Company B this February only to take over in Feb, have 2 weeks holiday have then undergo their inductions and training ( although not attending their conference as i am leaving ) only to work 2 weeks after.
I am not sure why they have turned out to be so awkward
To top it off i told the copmany 4 months ago i would be re locating and i was honest that i would not be able to do my job from Colchester hence the reason for leaving ( company based in Stroud) and they replied saying i could call or email my customers from home instead of visiting them in that 3rd month.......?? ( im in feild sales???)

It does not make sence!!?

does anyone know how i can get out of this 3 month notice period as this is ridiculous.

You really need to start a thread of your own, you will get much better help, apart from that, this one is 4 years old.

Acc72

McKneff wrote: »

apart from that, this one is 3 years old.

I didn't notice the date ! ..............