3 Month Notice Period

McKneff

Acc72 wrote: »

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

Been there, done that, probably most of us have, and I suddenly realised that its 2012 so its 4 years old

Regards
Annie

SarEl

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 ( 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.

Legally you can't Simples.

It doesn't matter what you have signed or what you like - your notice period is three months, that is what you agreed to, and if you refuse to abide by it, then there may be consequences for you - however unlikely it may be and it is, you may be sued and it does happen.

And that is fair enough actually - if the boot were on the other foot and they were making you redundant, I assume you wouldn't be happy about the employer saying that having to pay you three months notice didn't make any sense and they'll just make it a month, shall they?

If you didn't like the conditions, you shouldn't have agreed to them. of course, you probably wouldn't have had a job in the first place, but then you did have that choice.


PS - yes a did notice the date of the OP but answering it was simpler!

Wellery82

My understanding, is as follows -

• You can walk out of your role at any point irrespective of notice, although will have violated your contract
• The company will almost certainly refuse to pay for these three months
• The company may look to sue for any other financial losses they can prove - for example if you leaving cause them to lose a contract they are bidding for etc. The fine would be for the extend of money they are claiming has been lost as a result

Someone else with proper employment law knowledge would need to confirm, and also give guidance as to the likelihood of being sued, and potential costs to yourself.

Guidance i have been given is that in the most cases if you walk out on your notice peiod the only real likely issue will be a bad reference. A three month notice however denotes possible seniority in your role so this may be different depending on what it is you do.

SarEl

Jimavfc82 wrote: »

My understanding, is as follows -

• You can walk out of your role at any point irrespective of notice, although will have violated your contract
• The company will almost certainly refuse to pay for these three months
• The company may look to sue for any other financial losses they can prove - for example if you leaving cause them to lose a contract they are bidding for etc. The fine would be for the extend of money they are claiming has been lost as a result

Someone else with proper employment law knowledge would need to confirm, and also give guidance as to the likelihood of being sued, and potential costs to yourself.

Guidance i have been given is that in the most cases if you walk out on your notice peiod the only real likely issue will be a bad reference. A three month notice however denotes possible seniority in your role so this may be different depending on what it is you do.

I agree. But in the form that I previously put it. And a bad refrence isn't the worst they can do. neither is suing you. The worst they can do is sue you and threaten to sue the new employer for inducement to brecah of contract - whereupon the new employer, whether they did or didn't, dismisses you to stay out of it. Which I have seen happen. Yes, - damned rare. But rarities can happen to you and still be rare.

I still say - if it was good enough for them to have to give it you, and you knew it going in, then unless they agree to reduce it, you abide by your notice period. It's the honest and principled thing to do.

joy81joy

Hi

I wonder if you can help me. I handed in my resignation on thursday last week. I have a 3 month notice period in my contract which i said i was happy to work.

I am going to a competitor. I expected them to put me on gardening leave as they have done with other people in the past.

But my boss hasn't instead he wants to make me work the 3 months notice. He is being horrible as you would expect and also slandering me to my current customers. One of my customers has told me what was said in the email.

Obviously 1 months notice is hard enough but 3 with this boss is going to be very difficult. Why he wants me here is beyond me, as im a risk to the business.

My question is, do i have to honor the 3 months? My friend mentioned that its a week per year but i dont think this is the case?

I haven't been in to negotiate with my boss yet as he is very difficult and giving him the power that he knows i want to leave is not something i want to do just yet

Please can you give me some advise?

thanks

patman99

Can't you get your Dr to sign you off with stress for a month or two ?. Gets you away from this cretin of a boss.

Takeaway_Addict

patman99 wrote: »

Can't you get your Dr to sign you off with stress for a month or two ?. Gets you away from this cretin of a boss.

She would have to be sick to do this....

Also, she has started a new thread after dragging this one up

navyreg1970

I too am looking at giving 1 months notice despite my contract saying three. I am a team leader where I work. In the last 5 months three other team leaders have resigned, each giving 1 months notice. My issue though is that they had less than six months service so claimed they were still in probation so could give 1 month. I am no longer in probation. Is the acceptance of their 1 month notice a precedence - could I seek to give just one month.

Undervalued

navyreg1970 wrote: »

I too am looking at giving 1 months notice despite my contract saying three. I am a team leader where I work. In the last 5 months three other team leaders have resigned, each giving 1 months notice. My issue though is that they had less than six months service so claimed they were still in probation so could give 1 month. I am no longer in probation. Is the acceptance of their 1 month notice a precedence - could I seek to give just one month.

Well you can seek anything you like. Whether they will agree or not is another matter!

In theory, if you fail to work your contracted notice your employer could sue you for any unavoidable losses this causes them (after deducting what they would save on your pay etc). They would have a duty to minimise those losses as far as reasonably possible.

It is very rare for this to happen although it does occasionally.

More likely is that you will get a bad reference and, possibly, have difficulty getting paid whatever they owe you. Legally they have no right to withhold and payment but these situations sometime degenerate into a "you sue us and we ill sue you" situation.

Takeaway_Addict

navyreg1970 wrote: »

I too am looking at giving 1 months notice despite my contract saying three. I am a team leader where I work. In the last 5 months three other team leaders have resigned, each giving 1 months notice. My issue though is that they had less than six months service so claimed they were still in probation so could give 1 month. I am no longer in probation. Is the acceptance of their 1 month notice a precedence - could I seek to give just one month.

No their acceptance is not a precedence, each request is on its own merits.