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    • CoconutP
    • By CoconutP 19th May 19, 5:59 AM
    • 16Posts
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    CoconutP
    Notice Period enforceable?
    • #1
    • 19th May 19, 5:59 AM
    Notice Period enforceable? 19th May 19 at 5:59 AM
    Hello,
    Wanted some advice.
    I started a new job, and after a few weeks into it, i know its not for me. So i have decided to hand my notice in and asked what my notice period is. I have been told its 3 months??
    I looked at my job offer letter and there is a notice period clause which just says ‘notice period to be confirmed. See terms.’ But I didnt recieve any terms with the job offer letter. And now I have been given a ‘statement of written particulars’ which says my notice period is 3 months (employer says they had up to 2 months to give it to me, so its still within that time frame).
    Where do I stand on this? Any advice?
    Thanks
Page 1
    • Neil Jones
    • By Neil Jones 19th May 19, 9:33 AM
    • 2,179 Posts
    • 1,549 Thanks
    Neil Jones
    • #2
    • 19th May 19, 9:33 AM
    • #2
    • 19th May 19, 9:33 AM
    What does your contract say? It says three months? Then that's your notice period. Of course its enforceable, you agreed to it when you accepted the job!

    If you don't like the job then that's a shame but unfortunately you're part of it now and you need to work the period out.
    • McKneff
    • By McKneff 19th May 19, 10:13 AM
    • 36,516 Posts
    • 47,090 Thanks
    McKneff
    • #3
    • 19th May 19, 10:13 AM
    • #3
    • 19th May 19, 10:13 AM
    Do you have a written contract
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 19th May 19, 10:52 AM
    • 3,596 Posts
    • 1,902 Thanks
    keepcalmandstayoutofdebt
    • #4
    • 19th May 19, 10:52 AM
    • #4
    • 19th May 19, 10:52 AM
    My new job always heavily bangs on about a probation period during which time you have to show compentence, progression and an aptitude for the work. It's the only one of two things the basic offer letter makes really clear - afraid I have heard the employer gets two months to provide further particulars.

    Someone I know (not me) also appeared so miserable at work, the employer suggested they leave if it was clearly making them so unhappy.

    Have you any holiday you could put towards the notice and reducing it. Even if ever so slightly. I really cannot think of an employer in early days trying to keep someone unless they are being spun that things are really good in catch up chats. We get probation chats at 1 month, 6 weeks, 3 months etc.
    RIP my Rags. 16/06/19 at 4am
    Know I had to moneysave but you didn't have to go
    x
    • General Grant
    • By General Grant 19th May 19, 11:49 AM
    • 972 Posts
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    General Grant
    • #5
    • 19th May 19, 11:49 AM
    • #5
    • 19th May 19, 11:49 AM
    Do you have a written contract
    Originally posted by McKneff
    They's been given the written particulars within the timescale required by law.
    • sportsarb
    • By sportsarb 19th May 19, 12:43 PM
    • 863 Posts
    • 589 Thanks
    sportsarb
    • #6
    • 19th May 19, 12:43 PM
    • #6
    • 19th May 19, 12:43 PM
    What’s your job? Was there any training provided?
    • Gavin83
    • By Gavin83 19th May 19, 12:44 PM
    • 5,946 Posts
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    Gavin83
    • #7
    • 19th May 19, 12:44 PM
    • #7
    • 19th May 19, 12:44 PM
    Have you actually asked them if you can leave earlier? I can't imagine a company wanting an employee who has only been there a few weeks to work a 3 month notice period. However, they won't wish to be the party to suggest this as they won't potentially want to pay out for a 3 month notice period with nothing in return and some employees would take advantage of this.
    • Morata_
    • By Morata_ 19th May 19, 4:41 PM
    • 169 Posts
    • 62 Thanks
    Morata_
    • #8
    • 19th May 19, 4:41 PM
    • #8
    • 19th May 19, 4:41 PM
    I’d offer a month.

    Gives you time to find something new as well. Any future jobs, maybe not mention this job role and use references from previous one?

    gl. been in your position this year and was allowed to give 1 week, having offered 4. I had a job to go to so was lucky but I knew after 4 weeks I was in the wrong job. They won’t want a miserable staff worker for 3 months!
    • Doshwaster
    • By Doshwaster 19th May 19, 5:30 PM
    • 5,184 Posts
    • 4,273 Thanks
    Doshwaster
    • #9
    • 19th May 19, 5:30 PM
    • #9
    • 19th May 19, 5:30 PM
    The notice period is enforceable but many employers are happy to negotiate a reduced period, especially for new employees who are still in their training/probation period as they can save money by not employ you to sit around being miserable.
    • CoconutP
    • By CoconutP 19th May 19, 7:21 PM
    • 16 Posts
    • 5 Thanks
    CoconutP
    I asked line manager in email and in person, he’s refused both times. Spoke to HR who basically said discuss with your line manager.
    Dont think im getting anywhere!
    • CoconutP
    • By CoconutP 19th May 19, 7:23 PM
    • 16 Posts
    • 5 Thanks
    CoconutP
    Yeh, but only after I already said I want to resign, whats my notice period?
    Didnt get the written particulars until I already said I wish to resign.
    • CoconutP
    • By CoconutP 19th May 19, 7:35 PM
    • 16 Posts
    • 5 Thanks
    CoconutP
    So I never actually agreed to a 3 month notice period as it wasnt in my offer letter.
    • MarkN88
    • By MarkN88 19th May 19, 7:40 PM
    • 744 Posts
    • 419 Thanks
    MarkN88
    You do have a contract.

    “There is always a contract between an employee and employer. You may not have anything in writing, but a contract will still exist. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract. Your employer does have to give you a written statement within two months of you starting work. The statement must contain certain terms and conditions.”

    (Source - CAB)
    • CoconutP
    • By CoconutP 19th May 19, 7:51 PM
    • 16 Posts
    • 5 Thanks
    CoconutP
    So what happens if I resign and only AFTER i’ve handed in my notice, do I get the written particulars stating notice period is 3 months? That means I wasnt told that until after I already hand my notice in.
    • CoconutP
    • By CoconutP 19th May 19, 7:54 PM
    • 16 Posts
    • 5 Thanks
    CoconutP
    Just seems unfair I am being held to a notice period I never actually agreed to or wasnt informed of until after handing in my notice
    • jonnygee2
    • By jonnygee2 19th May 19, 8:01 PM
    • 1,319 Posts
    • 1,379 Thanks
    jonnygee2
    Just seems unfair I am being held to a notice period I never actually agreed to or wasnt informed of
    If there is no notice period in your contract and you have never been informed of your notice period, then your notice period is the statutory period http://www.acas.org.uk/index.aspx?articleid=4096
    • CoconutP
    • By CoconutP 19th May 19, 8:09 PM
    • 16 Posts
    • 5 Thanks
    CoconutP
    My contract just states ‘the notice period is to be confirmed’
    • jonnygee2
    • By jonnygee2 19th May 19, 8:10 PM
    • 1,319 Posts
    • 1,379 Thanks
    jonnygee2
    On the general question of enforceability - it is tricky.

    Obviously they cannot physically compel you to turn up to work. So, if you do leave early, their options are limited. It would mean that you are liable for any additional costs they incur as a result of your departure - but they have to be actual costs, and you are only liable for costs above the cost of your salary, benefits etc. It can be time consuming for companies to calculate this and very tricky if it goes to court.

    I've seen people leave before their period many times, and not once has the employer been minded to do anything about it. Even once, an IT developer left with no notice and we had to hire an agency worker in at a day rate of £500 / day for two weeks, the HR & Legal departments said it wasn't worth the time and risk. Would all employers act this way? Possibly some would have chased the bill down.

    That's not to say I'd ever recommend someone leaving early though - better to keep a relationship wherever possible. But what it does mean is that in the majority of cases, if you ask for a reduction in notice periods employers agree.
    • jonnygee2
    • By jonnygee2 19th May 19, 8:15 PM
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    jonnygee2
    My contract just states ‘the notice period is to be confirmed’
    I think you can safely claim that you have not agreed a notice period beyond statutory in that case.

    They cannot give you the notice period after you have handed your notice in.
    • CoconutP
    • By CoconutP 19th May 19, 8:34 PM
    • 16 Posts
    • 5 Thanks
    CoconutP
    Well thats exactly what they’ve done and said its 3 months and refusing to budge even though I explained the situation! I will basically just saying ‘im giving my 1 week statutory notice’ and walking off without their agreement
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