Took new job after 12 weeks, but contract says need months notice

speedboatchase

Any way around this? New job is a dream job really, but they can't be waiting around a month for me. Current job I've been at 12 weeks, but apparently the contract (which I have a copy of somewhere) says I need to give a month's notice. My fault for signing that I understand, just wondering now if there's any way around it, or does the contract negate the whole "you don't have to give any notice unless you've worked there 13 weeks"? I may be pretty screwed

pollypocket10

Have you asked your current employer if you can reduce the notice period at all? One months notice is pretty standard I can't imagine your new employer would rescind a job offer based on that?

speedboatchase

pollypocket10 wrote: »

Have you asked your current employer if you can reduce the notice period at all? One months notice is pretty standard I can't imagine your new employer would rescind a job offer based on that?

Ya I'm working on it. The job offer I've taken is for a fairly small (new) company and they wouldn't be able to wait a month. I get on really well with my manager and he's trying to smooth things over but I'm just trying to see if any footing whatsoever legally

pollypocket10

pollypocket10 wrote: »

One months notice is pretty standard I can't imagine your new employer would rescind a job offer based on that?

Unfortunately considering all the folk that have no notice to give anyone except the dole office. This doesn't apply any more.

I agree with polly though OP, just ask them will they cut it back. The fact that you are there such a short period of time means they'll probably let you go within the week.

Does your contract say they can give you a weeks notice within your probabtion period?

Staceyann

Legal notice requirement is 2 weeks. My freind works for a company, she signed a perm contract that had a 3 month notice period when she went for another job HR let her go on 2 weeks notice as they don't legally have a leg to stand on. The only thing its is seen as good form to work out your notice.

Staceyann

Staceyann wrote: »

Legal notice requirement is 2 weeks. My freind works for a company, she signed a perm contract that had a 3 month notice period when she went for another job HR let her go on 2 weeks notice as they don't legally have a leg to stand on. The only thing its is seen as good form to work out your notice.

It's actually 1 week if you're there between thirteen weeks and two years but if you have signed a contract then they can hold you to it. A contract is a contract. In the very same way that if they decide within that two year period to let you go, they have to give you the notice set out in your contract or the stautory minimum, whichever is longer.

Edit: have a look here http://www.citizensinformation.ie/categories/employment/starting-work-and-changing-job/changing-job/giving_notice
All comes down to contract.

starfish12

OP i did something similar last year, tbh I wasnt pleased at the time with the way HR dealt with my notice, I had been with the company 4 weeks, hated the job and was offered an (almost!) dream job, and they needed me to start asap. I'd been there almost 4 weeks, told my manager the situation and HR came back and said I had to give a full calendar months notice! was longer than i had been there already! I explained the situation and they refused to cut back the notice period, so I worked 3 weeks and then started my new job, I contacted the original company that morning and said that I wouldnt be back....i felt that 3 weeks notice was fair, but I can see the other side of the arguement too.

OP if you arent planning on using your current position on your CV or for a reference then work 2 weeks and leave it at that. They may be difficult about your p45, but lat year I rang the tax office and they were unbelievable helpful and sorted the situation out really quickly for me.

Main point: do whats best for you!!!

pollypocket10

Staceyann wrote: »

Legal notice requirement is 2 weeks. My freind works for a company, she signed a perm contract that had a 3 month notice period when she went for another job HR let her go on 2 weeks notice as they don't legally have a leg to stand on. The only thing its is seen as good form to work out your notice.

Afraid not, under the act this would stand if you hadn't signed a contract.

This is really bad form and I normally wouldn't recommend it but the only way that this can come back to bite you is that you wouldn't get a great reference from them. Try and work it out with them, tell them you have to leave earlier than the contract dictates as the new employer simple cannot wait for you. Worst case scenario you end on bad terms and won't be able to get a decent reference from them. Best case they are understanding and let you go without making a fuss.

Shelflife

Worst case senario is in fact where they sue you for any costs they have incurred as a result of your breach of contract. this is unlikely but a possibility.

seamus

Staceyann wrote: »

Legal notice requirement is 2 weeks. My freind works for a company, she signed a perm contract that had a 3 month notice period when she went for another job HR let her go on 2 weeks notice as they don't legally have a leg to stand on. The only thing its is seen as good form to work out your notice.

Legally they do have a leg to stand on, provided that the notice period can't be said to be preventing the employee from moving to a new job.

That is, if you have a low-level position and a massive notice period, then you'll never be able to move jobs because no new employer will accept that notice period. So a 3-month notice period for anyone but a CEO or executive would not be legally enforceable as it would effectively prevent you from obtaining a new job.

In this case, one month is presumably fine and reflects the role that the OP is in at present. Note that although the notice period may be preventing him from getting this job, it's not preventing him from getting any job, therefore you can say that it's fair.

As shelflife says

Worst case senario is in fact where they sue you for any costs they have incurred as a result of your breach of contract. this is unlikely but a possibility.

It does happen, but again depends on how important your position is/n't to the company you're leaving. You can say goodbye to any chance of a reference obviously.

If possible, your best bet is to perhaps come up with a scheme of working overtime (e.g. at the weekends) and using whatever leave entitlements you have to reduce your notice period. After working there for 3 months, you should be entitled to almost a week of annual leave.

speedboatchase

One thing I hadn't mentioned was that I'm on a 6-month probation, does this affect anything we've discussed?

seamus

speedboatchase wrote: »

One thing I hadn't mentioned was that I'm on a 6-month probation, does this affect anything we've discussed?

Not usually. It all comes back to the contract again. A probationary period basically just allows the company to fire you at any time for any reason. They often also have a "get-out" which allows the company to give you the minimum notice of one week instead of one month. Unfortunately this doesn't work the other way and you can't walk out with a weeks' notice in your probationary period.

gandalf

1 month is pretty standard notice for contracts.

Your best bet is to explain to the new company that you will hand your notice in and request that your current employer wave the notice period or shorten it. They should be happy with that sign the contract with them and then talk to your current employer.

You basically need to talk to the employer who has offered you the new dream position and then when you get agreement from them to your current employer.

One thing if I was someone offering you a job I would be concerned if you did leave the other company without coming to agreement about your notice period and leaving early. Could the same happen to me if you got the offer of a better job again?

Denimgirl

speedboatchase wrote: »

Any way around this? New job is a dream job really, but they can't be waiting around a month for me. Current job I've been at 12 weeks, but apparently the contract (which I have a copy of somewhere) says I need to give a month's notice. My fault for signing that I understand, just wondering now if there's any way around it, or does the contract negate the whole "you don't have to give any notice unless you've worked there 13 weeks"? I may be pretty screwed

They can't hold you to anything at the end of the day,if they do you could just call in sick and employers know this.just say that the new company want you as soon as possible and would it be possible to leave in 1 week or 2.

InReality

Realistically the chance of them taking you to court are probably 1/10,000 or higher.
If you have only been there a short while , and have the new job offer , any reference won't be very important.

I'd make sure to get the new job , whatever about the old one.