dsmith

Hypothetical Q

- 'A' joins company on 1 months Notice.
- 1 year later Director 'B' and Boss 'C' persuades 'A' to sign contract with 3 Month Notice Period which A does
- B and C then both leave to be replaced by D and E
- D and E both express surprise @ 3 Month notice period for A. comments such as "Thats inappropriate for your role/level/job" etc. but refuse to actually alter contract.

A then wishes to leave the company and doesnt want to give 3 months but would happily give 6 weeks.

Clearly the best route is to come to a mutual agreement, however should that not be possible what is the legal situation if A should choose to leave after 6 weeks anyway ?

Thanks
Deano

jjones

tell 'em how it is.

does your next question have owt to do with bog roll per chance?

Sbradley

Your terms of employment should talk about payment in lieu of notic and the like.

Take any holiday time owing to you and subtract it from your notice period.

Then accept that you may have to pay for the balance if you can't work out something sensible.

SB

Goochie

I had a three month notice period at my last job but only gave them one month - basically, they're very unlikely to bother chasing you and all they can really do is be funny buggers by taking ages to pay you what you're owed and delay sending you a P45 etc..

My old company were fine about it - just write them a nice *** kissing letter

UFO

Thank God that was a "Hypothetical" question or A could have been in a tricky situation!

On a more serious note a similar thing happened to me a few years back, admittedly the job was only a Saturday job but the new management came in with the "Lets sort this $hit hole out!" attitude.
They ended up making working with them, let alone for them, impossible and I wanted out. But because the old managers had a month notice written into their contract (due to it being a small company with very few staff) the new guys still demanded a month plus 25% of the total time I had worked under them, which would have meant another 3 weeks. Needless to say I gave them the month and never looked back.

Never did put that job on my CV. lol

Brit_in_Japan

If it's in your contract and they want to hold you to it, you're in a bind. Often when someone makes it known they want to leave they get the option of being paid in lieu of working their notice. So you could finish on the day you hand in your notice and maybe start a new job next day. Sometimes companies don't want a leaver around anyway, in which case they might insist you stop work and pay you in lieu of notice.

But if they gave you a 3 month notice period then it suggests they think you may have valuable business info which would be of use to a competitor. So there may be something in the contract which says that even if you leave, you will be forbidden from working for anyone else during the notice peiod. In this instance you will get "gardening leave", i.e. they pay your salary for the 3 month notice period but you cannot work for anyone else. This would be the best option IMHO, then you can take a 3 month vacation somewhere in the world, being paid salary and knowing you have a job waiting when you return ! When else could you do that ?

Goochie

I was asked to go on "gardening leave" a week after handing in my notice. Apparently I was demoralising the other staff members by being happy about my new job :s - oh, and they were worried that I'd trash the IT system

Needless to say, 3 weeks paid holiday was fantastic!

civictyper

I have a 3 month notice period on my job but it is negotiable (1 month min). I think if you really want to leave then any employer will realise that there is no merit in keeping you the full term.

Best to talk it out IMO.