Extended Notice Period - any way out?

2

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    bit late they have been working in the job 3 months
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    You need to explicitly state (in writing) that you do not accept the changed term and are working under protest.

    however, if there was a collective agreement negotiated by the union then this may have been incorporated into your contract - you'd need to read the small print (your original contract may say something about automatically including any terms negotiated from time to tom under collective agreements, for instance) .

    If you are held to it, can you put in your 24 weeks notice now and keep looking? it may be a little risky to give notice without a firm job offer to go to, but on the other hand if they are struggling to recruit people then if you got near to the end of your notice period and hadn't got a new job lined up then, you might be able to continue on a month-to-month basis.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • ohreally
    ohreally Posts: 7,525 Forumite
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    edited 17 August 2018 at 1:39PM
    Reject the increase in notice term and put the ball back in their court, but don't hang around act swiftly.

    Scrub that, missed the 3 months in post info.
    Don’t be a can’t, be a can.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    TBagpuss wrote: »
    If you are held to it, can you put in your 24 weeks notice now and keep looking? it may be a little risky to give notice without a firm job offer to go to, but on the other hand if they are struggling to recruit people then if you got near to the end of your notice period and hadn't got a new job lined up then, you might be able to continue on a month-to-month basis.

    If they are understaffed now how are they filling the shifts?

    A lot of places use loads of overtime, the bank or last resort agency.

    MY OH knew when she finished she could get as much work as she wanted on the bank(on her terms).

    For someone wanting(like someone in the NHS) continuity of employment then this may not work.
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    24 weeks.. wow..


    Clearly designed to trap you in your job.



    Seems like the quickest way out is to get yourself fired then you are free to leave but that could/will come with its own set of issues so im not recommending it.
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    I'd write back to them stating that you're working under protest and you do not accept this change in your terms which was never agreed.

    See if the new employer will accept a 12 week notice period.

    If they will then personally I would resign giving 12 weeks notice, it's up to your employer then. They'd have to take you to court and argue you breached your contract and I can't see it happening, but that's the risk.

    As someone above suggested you might be better getting proper legal advice.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • mariefab
    mariefab Posts: 320 Forumite
    Can you just confirm...
    Is your employer claiming that your notice period was changed 3 months ago?
    Or, do they claim that the change took place when they first informed you of it in writing a few days ago?
  • milliemonster
    milliemonster Posts: 3,708 Forumite
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    Hi, they claim the notice period has changed with the new position, but this was never communicated to me at the time and the first I noticed it was with the new contract earlier this week.

    To answer other questions, yes we are using lots of agency as we cannot recruit staff.

    Also, I am unable to relinquish the promotion now and go back to the position I had as this has been filled by someone else, who is also on probation, who also now has a 24 week notice period.
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  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Do you need/want continuity of employment?

    Check out the agencies they are using for how much they could offer within your travel.

    I know someone that quit the NHS and went agency taking jobs in London, they try to get 2 long days and stay over that's more money than they were getting for a week and none of the NHS BS that most places have these days due to under staffing.
  • Energize
    Energize Posts: 509 Forumite
    Dox wrote: »
    'Probation' is a complete non-concept in legal terms and doesn't have any impact on your notice period.

    Virtually every contract I've ever seen extends the notice period after the probation period.
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