Notice Period Query

[TonyR123]

Hi. I could do with some advice regarding notice period(s).

I resigned from my current job at the start of December having been there for only 7 months. The job is only a 2 year FTC and I am still under probation as the probation period lasts 12 months. The company are stating that I must work the full 3 months notice period. This notice period is stated in the employee handbook, but there is no reference of a shorter notice period for someone who is still under probation.

Does this seem like an oversight and something I could challenge? It seems bizarre to me to try and retain someone who has only been in the role for 7 months anyway for a further 3 months when they obviously wish to be elsewhere.

 

[STDFR33]

I think they are taking the p1ss. Offering you no job security whilst holding you to a lengthy notice period.

However, if that is your contractual notice period, then you should serve it.

Have you approached your employer regarding given them a shorter notice period than the contractual notice period?

 

[TonyR123]

Thanks for the prompt reply.

Yes I have tried on multiple occasions (verbally and email) to discuss an earlier leaving date. I have asked if I could leave 1 month earlier (so still working a full 2 months notice) but that has been rejected to date. They want to get someone else in so I can handover, but to frustrate even more, they have done nothing about recruiting someone else in the meantime.

As you say, that is my contractual notice period however so looks like I will have to work it unless something changes

 

[obscure]

Does this seem like an oversight and something I could challenge?

It seems like the exact opposite of an oversight I'm afraid.

 

[HFE Signs]

It seems a very one sided agreement, however it that is the terms you've signed and agreed to then it's difficult to dispute

 

[Charlie1515]

You can request them to shortened it to 1 month, I think that will be accepted.

 

[Newchodge]

If you have a guaranteed job to go to, just leave. If you don't you may as well stay.

Your employer is being very shortsighted. Many employees trapped in this kind of situation would find it so stressful that they would make themselves ill and be unable to work.

 

[TonyR123]

I do have a job to go to and they are not happy that I cannot start a bit sooner.

When you say just leave, just handover my company property to HR one evening and don't return the next day?

Anyone done that before and has there been any repercussions?

 

[NickGrogan]

Hi. I could do with some advice regarding notice period(s).

I resigned from my current job at the start of December having been there for only 7 months. The job is only a 2 year FTC and I am still under probation as the probation period lasts 12 months. The company are stating that I must work the full 3 months notice period. This notice period is stated in the employee handbook, but there is no reference of a shorter notice period for someone who is still under probation.

Does this seem like an oversight and something I could challenge? It seems bizarre to me to try and retain someone who has only been in the role for 7 months anyway for a further 3 months when they obviously wish to be elsewhere.

Isn't this the 3rd or 4th thread about 3 month notice periods in the last month or two.

Do you expect your employer to keep their side of the contract?

So why do you think that you shouldn't keep your side?

 

[Newchodge]

I do have a job to go to and they are not happy that I cannot start a bit sooner.

When you say just leave, just handover my company property to HR one evening and don't return the next day?

Anyone done that before and has there been any repercussions?

Technically they can sue you for any costs they incur by your leaving early. It is rare, but not completely unknown. They can also include your breach of contract in any reference in the future.

 

[TonyR123]

Isn't this the 3rd or 4th thread about 3 month notice periods in the last month or two.

Do you expect your employer to keep their side of the contract?

So why do you think that you shouldn't keep your side?

I don't know about other threads, I haven't read them all. Regardless, I was asking specifically about my situation.

I do expect them to keep to their side, as will I if no agreement can be reached. I was only looking for some advice/insight from those that may have been through this before and could help.

Thanks for your input.

 

[Newchodge]

Isn't this the 3rd or 4th thread about 3 month notice periods in the last month or two.

Do you expect your employer to keep their side of the contract?

So why do you think that you shouldn't keep your side?

Yes, it would be a breach of contract, but what reasonable employer offers a 24 month fixed term contract with a 12 month probation period and 3 months' notice? They are clearly crap employers so the chances are high that they are in breach of contract themselves at some time.

 

[NickGrogan]

OK, so I have a 2 year project, which use skills which are in high demand - Java Developers for example. Replacing people will take 2 or 3+ months and cost a lot, so I want to put people off of leaving and if someone wants to leave I need them to stick around as long as possible.

All employees are on probation for 12 months - this is a fixed company-wide policy.

So as an HR expert, what contract terms would you recommend?

 

[Newchodge]

OK, so I have a 2 year project, which use skills which are in high demand - Java Developers for example. Replacing people will take 2 or 3+ months and cost a lot, so I want to put people off of leaving and if someone wants to leave I need them to stick around as long as possible.

All employees are on probation for 12 months - this is a fixed company-wide policy.

So as an HR expert, what contract terms would you recommend?

A probation period of 12 months is a nonsense unless it is a professional requirement, I have a vague idea that certain financial advisors have to have this.

Trying to force someone who wants to leave to stay by enforcing a lengthy notice period is counter-productive, especially when, half way through the notice period they have done nothing to try to recruit.

If someone is that business critical you try to persuade them not to leave by discussing what it would take to get them to stay, but every business needs to be aware of the big red bus question.

 

[NickGrogan]

Civil service is up to 2 years.

 

[soundengineeruk]

So 2 year FTC, 12 months probation and 3 months notice period. I'm no HR expert but that seems to fall under unfair contract terms. A high court back in 2000 did rule "Contracts of Employment are covered by the Unfair Contract Terms Act 1977"

If an employer offered me a contract like that I would tell keep it and would not take up the role. Unless there was a benefit to signing a contract like that; it would have to be a significant benefit.

Is there not statutory minimum notice periods anyway (if I recall correctly)

1 x Week notice for employment between 1 month to 2 years
2 x Weeks notice for at least 2 years employment
2 or more Weeks notice for employees with 3.5 years employment, example an extra week notice for each year of continuous employment with a maximum of 12 weeks.

Personally, I would still professional employment legal advice before making a quick decision, but in the meantime (already suggested) speak with HR in the first instance.