molko

Does anyone know much about employment law ?

A mate of mine as handed his notice in. His contracts state that he has to work 3months notice period. Understandably he only wants to work 1month notice - can the company enforce the 3months on him ?

I suggested he write an email to HR in an attempt to try and resolve it amicably - not entirely sure what to say though as the company are adamant he must do 3 months notice.

What makes things worse is that other people have left (6 months ago) and only had to work 1 months notice.

Any advice would be appreciated

Thanks

Jamo

iTrader: (23)

what does he do, what sector?

how long as he worked there for?

I think to be honest he would be better contacting www.acas.co.uk they would be my first port of call

200sex

iTrader: (2)

yeah a contract is a contract and very hard to get out of tell him to be nice and kiss **** they might let him go early, its very clever of them putting a 3 month notice period cause really if he went and got a new job and then said oh i got to work 3 months notice i dont think the new employer would keep the job open for them as they advertised the job to fill asap, which in turn means the old employer dont have to replace staff

PaulC72

He can leave after one month if they agree he is to be on gardening leave and he will not be able to work until the end of the notice period or I beleive the company he leaves can seek damages (if they so wish). I would imagine the only way out of it is to obtain a written agreement from the old employer stating he is releived of his current contract on X date then he would be free to start a new job after that agreed date.

It may be easier to reach an agreement if his new job is in a different field and does not present any possible conflict.

Just my logical approach but he is probably best speaking to a proffessional.

tarmac terror

iTrader: (2)

Don't know the legal implications of this, but my employer requires three months notice, but this is role based. Others who work for me are one month, and the temporary staff can walk at will.

It is a safeguard to ensure continuity in my case, but I am sure it could be negotiated downwards depending on circumstances. Surely he would have known the Ts and C's and declared them if his new employer asked.

seadog17

do something horribly wrong without breaking the law so as to get sacked instantly for gross misconduct job sorted

john_s

iTrader: (1)

As above, all he can hope for is that HR is willing to reach an agreement over the notice period to be worked. If they don't budge on 3 months, all he can really do is work to the absolute letter of his contract until it's up, in the hope that the employer decides his inflexibility means they'd be better off agreeing to a reduced notice period.


As long as the new job is not conditional on a reference from the current employer.

DCI Gene Hunt

...... "speak to the Human Remains department" they'll just go to the line manager, speak to him first to see if he'll support your request - a lot easier when you then tackle those useless fecktards in HR

PS - It's Brian from accounts here

Terminator X

iTrader: (7)

Call your boss a c*nt & you'll be on your way quick sharp

TX.

Leslie

If you sign a contract, it is reasonable to expect the firm to hold you to it. Its up to the boss if you can be released earlier.

Les

molko

I guess my mate has two options then :

1) Negotiate with the relevant people, with a view to compromising at 1Month
2) Just tell them he is leaving after 1 month, and take the risk that they dont chase him through the courts etc. Burning a few bridges in the process.

Leslie

He has to think of his reputation too, that sort of action can follow you about.

Les

njkmrs

Tell him to just phone in sick if they dont want to play ball !!

Terminator X

iTrader: (7)

If he's on 3 months notice chances are that he has a "good" job & there will be good reason for it eg clients need to be let down etc. As an employer I'd hold him to it if there was no one to take his place, if his role can be absorbed &/or he's an ******* then I'd let him go ASAP.

TX.

Edit - we had a chap on 3 months notice & let him go after 2 as TBH he was rubbish & I saw him just as a drain on margin ... was quite pleased he quit

DazW

iTrader: (1)

When i was on a 12 week noitce period contract, I just told them (in a letter) that i'd be working 4 weeks notice & gave them the last day i'd be working.

But 'informally' i let my lead know that i didn't need a reference & didn't need the extra 8 weeks 'pay' ...I also let them know my new position would involve me creating a new 'team' of staff

They let me go (& paid me up) 4 days later