Mr Whippy
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| posted on 30/5/22 at 08:25 AM |
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Not working my notice
Hello,
One of those random questions. I am required to work 3 months notice due to my position, which to me seems a bit excessive. But realistically what can
they do about me just giving them one month?
I have left other jobs not even working any of my notice before (making sure I'd had all my holidays and I'd had my last pay in the bank). I
just think 3 months is quite off putting to a potential employer and feel that's the real reason behind it. As usual it's all about the
employer not the employee. Funnily enough I know of other people at a higher level than me who have seemingly just given a few weeks notice and their
off!
Cheers.
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David Jenkins
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| posted on 30/5/22 at 08:30 AM |
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It depends...
First, have you signed a contract saying that you agree to give 3 months notice? If so, they could sue you - but I guess they won't want the
hassle.
Second, do you need a good reference for the next job?
Three months does seem excessive though - I've never had to give more than 1 month, and that was usually reduced because I was owed annual leave.
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Mr Whippy
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| posted on 30/5/22 at 08:45 AM |
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quote:
Originally posted by David Jenkins
It depends...
First, have you signed a contract saying that you agree to give 3 months notice? If so, they could sue you - but I guess they won't want the
hassle.
Second, do you need a good reference for the next job?
Three months does seem excessive though - I've never had to give more than 1 month, and that was usually reduced because I was owed annual leave.
Yes I have signed that as part of my staff contract. Not sure what they'd sue me for, but anyway. I'm putting the feelers out to
agency's and not keen to put 3 months as I think that will just harm my chances.
Good reference, probably not, I didn't need one for my current job or the one before as I know my stuff.
[Edited on 30/5/22 by Mr Whippy]
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computid
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| posted on 30/5/22 at 09:10 AM |
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Wednesday is my last day at the end of 3 months notice.
If you're in a senior position, the companies looking for those kind of people will be expecting a 3 month notice period. Frankly, if I were the
new employer and you told me you were skipping out on the notice I wouldn't be so keen to proceed, but I guess you don't have to tell
them.
Most businesses put in 3 months for people that will be hard to replace, or need to do a lot of handover. It generally means they can get most things
tidied up before they go. Can you negotiate it down? Probably, provided you can show you'll do the handover in the time proposed.
Personally, I think if you've signed the contract with the notice period, you're bound by it. You can negotiate with your employer, that
seems reasonable, but if they say no and have their reasons then it would be unprofessional to skip out on it. Can they sue you for breach of contract
and potential loss from your early departure? Technically yes. Would they? Highly unlikely because of the negative PR risk. You'll certainly be
burning bridges though, and I don't know how big your industry is but in mine people get around and they don't forget easily.
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nick205
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| posted on 30/5/22 at 11:00 AM |
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If I leave my current employment my notice period is 3 months. In part due to my position & in part due to my time here. As mentioned, many
potential employers would expect that length of notice. We've employed people with that length of notice period where they're leaving too.
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Jeano
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| posted on 30/5/22 at 12:23 PM |
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Im a Surveyor and also have a 3 month period, my employer hisotrically has asked people to handover for a week and then leave due to commercially
sensative information,
However in that 3 months they are getting paid so they can ring them for information or assistance if required.
Location: Essex
Drives: MK Indy F20c with hairdryer
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big_wasa
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| posted on 30/5/22 at 12:30 PM |
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My last position, I was told under the contract they could pursue me for the cost's for the remainder of the contract. Everything from the cost
of agency staff to loss of earnings. Withholding pay and bonuses as well as shares.
My new boss was keen for me to brake my contract as he just wanted the staff despite having a simlar contract when I got there
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ravingfool
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| posted on 30/5/22 at 12:57 PM |
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3 months notice is pretty standard for anyone above 'ruffian' level in most industries and unlikely to worry a potential new employer.
Quality of staff much more important than whether you get them now or in a few weeks or 3 months.
You may be pushed into 'gardening leave earlier than your notice period depending on the company and state of projects etc. Or negotiate a
reduction but something to thrash out once you have a new role in place.
Just tell the agents you have 3 month notice period contractually but may be able to reduce that and then a new employer is warned but also aware
you'll do what you can to get out sooner. Chance of that will depend on your company though.
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nick205
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| posted on 30/5/22 at 12:59 PM |
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These things don't sound unfamiliar.
An acquaintance sold his company a few years back. Part of the sale negotions included signing a contract with the puchser whereby the purchaser paid
him for 12 months, but he wasn't actually work for those 12 months.
Said acquaintance refrred to this period as "gardening leave". No idea if that's a correct technical term for such a thing. I
don't think it's uncommon though.
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40inches
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| posted on 30/5/22 at 01:21 PM |
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My wife and most of the other people in her office are on 3 months notice, but when anyone hands in their notice they are asked to clear their desk
and leave immediately.
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nick205
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| posted on 30/5/22 at 01:32 PM |
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quote:
Originally posted by 40inches
My wife and most of the other people in her office are on 3 months notice, but when anyone hands in their notice they are asked to clear their desk
and leave immediately.
That's not uncommon either.
Employers often take the view that if the employee has looked for and found another job AND had the confidence to hand in their notice it's
probably best to have that person gone rather than risk any adverse internal feeling or potential risk be tween the company and their
customers/suppliers.
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Benzine
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| posted on 30/5/22 at 06:09 PM |
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Just take a load of beers in each day, behave inappropriately, play loud music etc. If you get fired it's problem solved, if you don't
you've still had a great time
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snapper
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| posted on 30/5/22 at 08:03 PM |
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quote:
Originally posted by 40inches
My wife and most of the other people in her office are on 3 months notice, but when anyone hands in their notice they are asked to clear their desk
and leave immediately.
Due to the contracted notice period they should be paid the full 3 months even if they have been told not to attend the workplace. Citizens advice
says this.
In my current situation as my post has been deleted and I had been given sufficient notice I was expected to work the notice however when I got my
compensation notice it included 3 months CILON (compensation in lie of notice) and the limited compensation for loss of earning under Voluntary Early
release, so HR and pension scheme disagreed with each other in my favour.
I eat to survive
I drink to forget
I breath to pi55 my ex wife off (and now my ex partner)
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MikeR
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| posted on 30/5/22 at 08:47 PM |
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Speak to someone in the know. It's my understanding that it they pay you monthly the legal contract is monthly, the wording in the employment
contract is there to give them time & threaten you.
However, whilst they can't write anything untrue on your reference and hence most references these days are "they worked here day X to
y". They could add something saying how you left.
I am not in HR nor have any legal qualifications or experience. Please don't take this as anything more than "a bloke once said", get
advice and not from the internet car building forum.
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coyoteboy
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| posted on 30/5/22 at 09:23 PM |
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You signed a contract. That contract had terms which were there to put you off leaving and put other people off taking you. I don't really get
the signing a contract and then thinking it sounds unfair afterwards thing.
You can propose leaving early. I did, and my employer was fine with it, but I was prepared to do the 3 months and my new employer was prepared to
wait.
quote:
If you're in a senior position, the companies looking for those kind of people will be expecting a 3 month notice period. Frankly, if I
were the new employer and you told me you were skipping out on the notice I wouldn't be so keen to proceed
This, too. As a manager, if my potential employee didn't agree the leaving date amicably with their last company, I'd be very wary of taking
them - I don't need people who are chancers. If your current role is 3 months, your next one probably will be too.
[Edited on 30/5/22 by coyoteboy]
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Mr Whippy
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| posted on 31/5/22 at 06:39 AM |
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Thanks for all the useful advice. There is a good chance I'd be given garden leave anyway, it happened when I left my last place to move here.
I'll put down 3 months notice then and hope for the best.
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