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  • FIRST POST
    • am85
    • By am85 14th Jan 20, 1:10 AM
    • 2Posts
    • 0Thanks
    am85
    Employer trying to shorten my notice period
    • #1
    • 14th Jan 20, 1:10 AM
    Employer trying to shorten my notice period 14th Jan 20 at 1:10 AM
    I work for a start up as a data scientist. I have been with the company for almost 2 and a half years, but for various reasons I decided to hand in my notice commencing January 1st.

    I have not found another job yet, but my contract stipulates a 3 month notice period (by either party) so thought this would be enough time.

    When I handed in my notice, the co founders of the company mentioned the possibility of leaving before the 3 months as long as I complete a satisfactory handover (but nothing was agreed in writing).

    They have now changed their minds and stated that they cannot even honour the 3 month notice (even if I work through it) and that they will only give me a month and a half pay with me coming into the office . They made this request because we were expecting an investment of 2 million which was not received - note this would have been raised for the company's debt fund for giving loans not for employee compensation and other such costs. I haven't agreed to this, and I am very reluctant to do so. I think that they are attempting to breach the contract. I wanted to reach out, find out if this is normal and what my rights are?

    Thank you and apologies for the lengthy post!
Page 1
    • JayRitchie
    • By JayRitchie 14th Jan 20, 1:37 AM
    • 361 Posts
    • 356 Thanks
    JayRitchie
    • #2
    • 14th Jan 20, 1:37 AM
    • #2
    • 14th Jan 20, 1:37 AM
    If they are only offering a month and a half pay (which you work) is that redundancy? I think you might want to state that you prefer to stick to your contractual terms.

    Companies cutting back on notice periods is not normal other than by negotiation.
    • Scorpio33
    • By Scorpio33 14th Jan 20, 8:16 AM
    • 548 Posts
    • 776 Thanks
    Scorpio33
    • #3
    • 14th Jan 20, 8:16 AM
    • #3
    • 14th Jan 20, 8:16 AM
    If they are not honouring your contractual terms, it is breach of contract.

    What can you do about it?

    1) State to them that your contract stipulates 3 months notice and that is what you expect to be paid for (regardless of if you are in the office or not)

    2) If they refuse that, then ask yourself what you can do about them not paying you? You could take them to court for lost wages, but given their financial situation, you probably wouldn't get much, plus it would take months to obtain if you ever did....
    • Undervalued
    • By Undervalued 14th Jan 20, 9:37 AM
    • 4,657 Posts
    • 4,058 Thanks
    Undervalued
    • #4
    • 14th Jan 20, 9:37 AM
    • #4
    • 14th Jan 20, 9:37 AM
    How long have you worked there?

    Does the contract specify how much notice they have to give you to terminate your employment? It does not have to be equal to the notice you have to give them.

    If you have been there less than 2 years you have no protection against unfair dismissal. If, for example, they only have to give you one month's notice they could quite lawfully respond to your 3 months with notice to leave in one month.

    If you have been there for more than two years and they did that then you may have a claim for unfair dismissal.
    • General Grant
    • By General Grant 14th Jan 20, 10:37 AM
    • 1,349 Posts
    • 1,318 Thanks
    General Grant
    • #5
    • 14th Jan 20, 10:37 AM
    • #5
    • 14th Jan 20, 10:37 AM
    How long have you worked there?

    Does the contract specify how much notice they have to give you to terminate your employment? It does not have to be equal to the notice you have to give them. The OP says "either side".

    If you have been there less than 2 years The OP says almost 2 and a half years so must be more than 2, surely. you have no protection against unfair dismissal. If, for example, they only have to give you one month's notice they could quite lawfully respond to your 3 months with notice to leave in one month.

    If you have been there for more than two years and they did that then you may have a claim for unfair dismissal.
    Originally posted by Undervalued
    .............
    • Undervalued
    • By Undervalued 14th Jan 20, 10:48 AM
    • 4,657 Posts
    • 4,058 Thanks
    Undervalued
    • #6
    • 14th Jan 20, 10:48 AM
    • #6
    • 14th Jan 20, 10:48 AM
    .............
    Originally posted by General Grant
    Thanks

    Quite right, don't know how I missed that!
    • am85
    • By am85 14th Jan 20, 5:06 PM
    • 2 Posts
    • 0 Thanks
    am85
    • #7
    • 14th Jan 20, 5:06 PM
    • #7
    • 14th Jan 20, 5:06 PM
    Thanks for the help, it's very useful. Just wanted to confirm that I'm right before I give them my response.

    I have been at the company for 2 years 4 months, and yes the contract stipulates 3 months both ways.

    They haven't mentioned redundancy, but I really hope they don't try that route. I guess I still have a defence if they do.
    • TBagpuss
    • By TBagpuss 14th Jan 20, 7:41 PM
    • 7,763 Posts
    • 10,091 Thanks
    TBagpuss
    • #8
    • 14th Jan 20, 7:41 PM
    • #8
    • 14th Jan 20, 7:41 PM
    Redundancy means that they would be saying your job no longer exited. They would still have to honor the notice period or give you pay in lieu of notice if they want you to leave sooner. You dont need a defence
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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