How to get out of six month notice period?

Discussion in 'Employment & HR' started by Aquamarine, May 27, 2013.

  1. Aquamarine

    Aquamarine UKBF Newcomer Free Member

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    Hello,

    The organisation that I am working for have recently undergone a restructure with a number of redundancies. When it was originally announced about 6 weeks ago I applied for a position with a competitor as I'm a single person income and can't obviously be without a job. Now the restructure is complete my job is ok (for now anyway) although it seems like they may have changed my team structure. My reporting line is the same as before but there seems to be someone else who is managing the team resource. I'm not particularly happy about that as I don't have much respect for this person or my own boss. They are very nice people but do not make decisions! Anyway, the other company called me last week to say they want to offer me the position, but they say they can't unless I can negotiate a reduction to my notice period of six months as they need me ASAP.

    I do love my current job, but there is no immediate career path there, times are uncertain and I also had a personal relationship with a colleague that has caused me a lot of heartache. So the best decision for me would be to leave.

    So, the complicated bit is that there is actually no offer unless I can negotiate a shorter notice period! What I thought I would do is ask the potential employer to write to me with a conditional offer, so subject to starting by a certain date. Then I can check I am happy with all the terms and conditions of their offer before talking to my current employer. This bit does make me nervous as if they say no and I have to stay then it could be awkward, although of course they must realise people would look for jobs when news of a restructure was announced. I think I would resent it if the decision was no and inevitably that would affect my motivation so if they do say no is there anything I can do?

    I am in a commercially sensitive position so they might actually be happy to let me go sooner because it is working for a competitor, but I just don't know that until I ask. I know they need me as we have some really high profile work on over the next few months. It's really confusing, but I guess they cannot sack me for asking?! Also I thought I would approach a member of the board directly (the one who employed me) as if I go to my boss firstly he will not make a decision and secondly he obviously cannot relay my position as positively as I could.

    Any advice would be great.

    Thanks.
    Posted: May 27, 2013 By: Aquamarine Member since: May 27, 2013
    #1
  2. NickJ

    NickJ UKBF Contributor Free Member

    Posts: 976 Likes: 211
    WQhat you don't want to do is to resign, leave and then find you don't have another job with these new people. You have considered a good option which is the conditional letter, however, when you went and spoke to the other people, were they not aware of your notice period at all?

    6 month's notice tends to be a period that is often seldom adhered to, and I would think you could negotiate a far more respectable period. Going to the board director is a good idea, but, and again with the onus on the other people, if they are saying start straight away or not at all, if they are not prepared to be flexible, do you really want to work with them anyway?

    I think you need to show some careful thought processes here and get some committment from both sides as soon as possible and be open on both counts.

    Good luck.
    Posted: May 27, 2013 By: NickJ Member since: Mar 29, 2012
    #2
  3. Aquamarine

    Aquamarine UKBF Newcomer Free Member

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    Thank you NickJ.

    Exactly right, so what I would do is get my conditional offer and then assuming I can agree something write a conditional resignation letter. I hope that would suffice?

    Once I have an offer in writing I will talk to my current employer, then depending on the outcome talk to potential employer. I hear what you say about their seemingly apparent inflexibility but I wonder if push came to shove the second place candidate would be a better option than waiting for me. I guess time will tell...
    Posted: May 27, 2013 By: Aquamarine Member since: May 27, 2013
    #3
  4. Chris Ashdown

    Chris Ashdown UKBF Regular Free Member

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    Was 6 months written into your contract and if so what other restrictions as it seems rather harsh andpossibly uninforcable as a restriction of trade

    Is the new company any distance away from the one you work at

    Hopefully one of the Employment professionals will be along to advise better
    Posted: May 27, 2013 By: Chris Ashdown Member since: Dec 7, 2003
    #4
  5. NickJ

    NickJ UKBF Contributor Free Member

    Posts: 976 Likes: 211
    An employer has to show flexibility in my eyes or it's an uneven and unfair deal! Yes, get the conditional letter, although it wouldn't really stand up if push came to shove, but it shows committment, and then go speak to your director. One of two things will then happen, they'll show you the door quicker that a ferret down a rabbit hole or they'll ask you to stay on. You may have a better idea of what that would be.....
    Posted: May 27, 2013 By: NickJ Member since: Mar 29, 2012
    #5
  6. Aquamarine

    Aquamarine UKBF Newcomer Free Member

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    Hi Chris,

    Yes the six months is written into my contract, and I need to check the exact wording but ultimately they may say no you cannot work for a competitor until your six months is up. If they are prepared to pay me during that time then I guess I can't really argue!

    But to be honest I am reasonably confident I can sell my leaving to them as really would they want to hinder my career development? They have been a great employer and what I've done in the two years I have been there I know has been appreciated.
    Posted: May 27, 2013 By: Aquamarine Member since: May 27, 2013
    #6
  7. Aquamarine

    Aquamarine UKBF Newcomer Free Member

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    Yes NickJ I agree, but the reason the new employer need me by August is because it is critical to the role I've been offered. Initially I was not overly happy that they expect me to talk to my current employer or breach my contract although the guy who offered it did say he understands I need time to think about it and he wouldn't want to jeopardise my career it position. Of course it's my call ultimately, I can just as easily say thanks but no I will not ask, you either offer it to me and wait or you don't. Either way though my current employer cannot sack me for being offered another job or asking for my notice to be reduced or waived. Plus I'm not sure they can afford me anymore ;)
    Posted: May 27, 2013 By: Aquamarine Member since: May 27, 2013
    #7
  8. Chris Ashdown

    Chris Ashdown UKBF Regular Free Member

    Posts: 4,845 Likes: 1,067
    Are you sure of the pay during your6 month period, most companies would do something likepay for 4 weeks notice and nothing after, and also not allowed to work for a set time
    Posted: May 27, 2013 By: Chris Ashdown Member since: Dec 7, 2003
    #8
  9. Aquamarine

    Aquamarine UKBF Newcomer Free Member

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    Yes. Six months pay. Great if they did want to make me redundant but not great when looking for another role. Most companies won't look at me so it's not a great thing when you want out...
    Posted: May 27, 2013 By: Aquamarine Member since: May 27, 2013
    #9