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chrissy7184
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« on: August 23, 2009, 12:24:47 PM » |
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I didn't think I would be at this point so soon after getting my current job (October 2008) but the office politics are really getting to me, so it made me look around and see what was out there for me and I found a job I think I'm pretty well suited for, and am going to apply for it. I figure, when you really want out, you usually can't find anything, so might as well keep my eyes peeled now before it gets to bad. My only problem is, my contract with my current job says I need to give 3 months notice. THREE! They can't enforce that, can they? That seems awefully unfair, especially since I've not even been there a year. I can see if someone has been there like 15 years or something... but seems extreme in my situation. What stops me from saying 'here's my months notice, that's all I'm giving you' if I'm offered another job? Would there be any legal ramifications for me? Would they be able to dock my pay? It doesn't go into detail of that in my contract... Thanks in advance!  |
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Shahbanou
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« Reply #1 on: August 23, 2009, 12:34:59 PM » |
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Three months is a bit harsh but if it's in your contract, then you agreed to it when you joined the company. If you give less notice, yes they could withhold any pay you are owed in lieu, or if that doesn't add up to three months, they could take you to court to recover it. No employment court is going to order you to stay with the company and work out your notice but they may well make you cough up. However, if things at your work are so bad that you feel you have to resign due to bullying or harrassment, you may be able to pursue this as a contructive dismissal case. You might find this useful: http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026688 |
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Boobalicious!  |
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AnneG
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« Reply #2 on: August 23, 2009, 12:41:07 PM » |
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Do you have any annual leave saved up? If so, you could knock that off of the three months and take, for example, your last couple of weeks as annual leave - that might make it a tiny bit easier to take. But yes, I do think they can hold you to it - unless you can negotiate to leave as soon as they've found a replacement. My current post is three months as well, but a colleague in a similar job just managed to convince my boss to let him leave as soon as he'd been replaced and so he's been helping them try to find someone to start in his post right away....
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chrissy7184
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« Reply #3 on: August 23, 2009, 12:54:19 PM » |
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Yes, it is very harsh, but when you join a company you don't really want to negotiate how much notice you need to give before you leave because it makes you sound like you're not planning on staying there long.... Hmmm.... guess I was hoping there was some sort of loophole legally where they wouldn't be allowed to do that if you've been there less than a year... i mean whats to stop an employer saying 'you need to give me 6 months notice' just because they know you are unlikely to find someone to hire you when you need to give 6 months notice. Crap, crap, crap  No one is ever going to want to hire someone that needs to give 3 months notice! Grrr. |
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geeta
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« Reply #4 on: August 23, 2009, 12:56:38 PM » |
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I had to give three months' notice, and it was pretty standard in our industry. This was in London.
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kate_mate
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« Reply #5 on: August 23, 2009, 12:57:25 PM » |
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In my old line of work, if you were going to work for a direct competitor, you were asked to leave straight away, and not work your notice period. Not sure if that is your situation or not.
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chrissy7184
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« Reply #6 on: August 23, 2009, 01:04:48 PM » |
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In my old line of work, if you were going to work for a direct competitor, you were asked to leave straight away, and not work your notice period. Not sure if that is your situation or not.
No, unfortunately not my situation. Do you have any annual leave saved up?
No, unfortunately I only get 20 holiday days per year and I've already used 10 of them and they renew in April.. so if anything, I'll probably owe them days! grrr Rubbish. I suppose if anyone wants to hire me bad enough they'll wait... but I'm sure there are alot of people who will apply for the job who can start right away due to redundancies... |
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chrissy7184
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« Reply #7 on: August 23, 2009, 01:11:39 PM » |
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Thanks for the link. It's not quite bullying or harassment. I'm being treated fine, but I cried the other day at seeing someone else being bullied and harrassed (i know, im too sensitive). I'm also not being able to do the job I was taken on it do in the slightest. They've completely changed my role in the past few months to something I'm not good at and I'd rather not do. |
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AnneG
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« Reply #8 on: August 23, 2009, 01:12:59 PM » |
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Crap, crap, crap No one is ever going to want to hire someone that needs to give 3 months notice! Grrr. Not necessarily - like Geeta said, it's standard in her industry. And in the NHS it's standard for anyone above a particular banding. So it might not come as a shock to a lot of potential employers.... |
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Shahbanou
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« Reply #9 on: August 23, 2009, 01:16:50 PM » |
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I'm also not being able to do the job I was taken on it do in the slightest. They've completely changed my role in the past few months to something I'm not good at and I'd rather not do. Did your contract contain a job description? if what you're doing falls outside that you may be onto something. (Although the vast majority of job descriptions seem to contain the phrase, "... and other duties, as required"). |
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Boobalicious! |
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chrissy7184
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« Reply #10 on: August 23, 2009, 01:25:24 PM » |
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Did your contract contain a job description? if what you're doing falls outside that you may be onto something. (Although the vast majority of job descriptions seem to contain the phrase, "... and other duties, as required").
Yes, exactly. It's a massive job description with all the stuff I'm good at and then the last line says something like 'and any other duties deemed appropriate by management' |
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Shahbanou
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« Reply #11 on: August 23, 2009, 01:29:26 PM » |
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Well you still might have an argument if you're not not doing any of the stuff in your contract besides the "any other duties" bit. Are you in a union? They should be able to advise you. If not, you could try Acas: http://www.acas.org.uk/index.aspx?articleid=1461 |
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Boobalicious! |
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Sara Smile
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« Reply #12 on: August 23, 2009, 03:07:06 PM » |
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Not necessarily - like Geeta said, it's standard in her industry. And in the NHS it's standard for anyone above a particular banding. So it might not come as a shock to a lot of potential employers....
This is what I was coming to post. 3 months isn't uncommon and a new employer is not likely to hold it against you. I think you are unduly stressing about this. |
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phatbeetle
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« Reply #13 on: August 23, 2009, 09:37:20 PM » |
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I have to give 3 months notice as well. Well, the best thing you can do is bring it up when you interview. Otherwise you could give your 3 month notice and hope for the best. But in this economy, that's not such a great idea |
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chrissy7184
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« Reply #14 on: August 23, 2009, 10:18:08 PM » |
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I have to give 3 months notice as well. Well, the best thing you can do is bring it up when you interview. Otherwise you could give your 3 month notice and hope for the best. But in this economy, that's not such a great idea Yeh, wont be doing that just yet. It's not really that bad at the moment... I'm just not very happy anymore... so had a peek around on a bad day and found one I want to apply for. Am just dusting off my CV now and will apply tonight or tomorrow, will let you know how I get on! |
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