David Lock

My sister works for a council and wants to change jobs. She is paid monthly in arrears. Council say that she must give 3 months notice but she wants out ASAP.

So what are the regulations please?

David

davyboy

Depends on her contract.

Some employers ask for 3 months notice if you have been there for over 10 years for example.

David Lock

Thanks for quick reply. I am sure her contract will stipulate 3 months. I just wondered if this might be superceded by any regulation. She doesn't want to fall out with them btw. david

falkster

Im sure it was one week for under 2 years service then 2 weeks for 2 years with one week added per year with the maximum being 12.

If she doesnt work her notice there is a good chance she will lose the pay she is owed......Im sure she could come to some agreement, no one wants to have someone in their team that doesnt want to be there.

Even when I have had long service members leave I have let them go with two week notice.

Spooky Mulder

It is purely based on contractual agreement.

Most contracts will have a notice period which can be varied by mutual agreement. My last job had a six month notice period. When I resigned I left immediately but I was not allowed to work for six months while they paid me to tend my garden/Scooby/wife etc.

If she does not want to fall out with them then she can state her case and see what they say. If they say no then she has to work three months. If she did walk they could theoretically sue for breach of contract. They could be difficult around pension contribution etc. Best to leave by mutual agreement.

SJ_Skyline

If she hands in her notice and then proceeds to work to rule they will soon get the message.

falkster

But then that goes back to the previous note about leaving on bad terms.

Cant see them putting her on gardening leave but Im sure with a conversation they would reduce notice period.

NotoriousREV

At a council job? How would anyone tell the difference?

(Sorry David, not having a pop at your sister)

David Lock

Ironically one of her reasons for her wanting to leave is the incredible stress and long hours she has to work to do her job properly.

She works in a fairly senior role in a Northern City housing dept btw.

======

Thanks for all comments folks. I expect she will try and catch her boss in a good mood and agree a slightly shorter leaving period. d

judgejules

If she's having to work long hours to get her work done in normal time (and she's not slacking to draw out the hours), then undue stress is being placed on her by not employing more people to help her with her job. If she has brought this up with her boss in the past, and it has been ignored, then she could be heading for a stress related illness that could last as long as her notice period, if you catch my drift.

David Lock

Oh I can catch drifts alright............

judgejules

It could even be constructive dismissal. If they are pushing her hard on purpose (unbeknown to her) to make her hand her notice in, then she could just walk out and take them to tribunal. It all depends if she has brought this up with them before and they have ignored it. Might need to speak to CAB/ACAS about this first though as I wouldn't want to suggest this route and for her to not win.