Notice Period

tazkatie

I am sure that there are many threads on this but just wondering if anyone had not worked their notice period and had any negative reaction from their employers. I have been in my current role for just over a year and while at the start (when I signed) my contract I loved the new job. I didn't get my contract for about five months so genuinely was happy so didn't take much notice of the three month notice period as I didn't think I would want to leave. Circumstances too many to mentioned have changed and I now want to leave. I have been looking around and whilst I have not yet found something, I just want to be prepared and cover all bases. I want to give a months notice but what if my employer tries to enforce the three months notice period. What can they do? I have a good relationship with my boss and my approach when I find a new job would be just to talk to him but what if that doesn't go well and he wants three months notice. How legally enforcebale is a contract of employment?
Cheers

Eoin

How legally enforcebale is a contract of employment?

In theory, it's breach of contract - but realistically it's hard to imagine that it's going to be worth anyone's while to pursue it in court. But that's something you'll have to decide for yourself, and if it's worth writing them off as a referee if it doesn't end well.

It would certainly be very enforceable if it was the employer breaching the terms of the contract.

3 months notice it a bit much unless you're in a senior management role. It was standard in my last place (even for junior roles) and it was always at the back of my mind when job hunting.

What I did, was make sure that I had a plan to hand everything over within 5 weeks (it was over Christmas, so the new place was happy to wait until the new year). So when it comes to handing in your notice, try and impress upon the boss that you'll make the transition as easy as possible.

tazkatie

Thanks for the reply, agreed it would be my plan to make this a painless as possible for both employer and I. I would try to do this in the best possible manner. I am just wondering what they could do. Is there anyway they could prevent me from leaving. I take it they could make me take garden leave of something but could they stop me starting with a new employer. I am hoping that this won't happen, after all we are reasonable people but when it comes to legal issues I am very green. I just didn't anticipate this problem otherwise I wouldn't have signed original contract. I have some other issues with my contract that I am currently trying to resolve, one being if I was to be out sick for three months they will terminate my contract after the three months. I have raised this as an issue as I think it is unfair..... So if this is changed I think I would have to sign a new contract and therefore could negoitate the notice period. Hmmmm.. I wonder should I just ask HR about the notice period...Ahhh dilemas.. Wish I was still as happy in my role as I was when I started.. But still at least I have a job and not in a total rush to get another one but would just like to have this resolved... I know others have left and have not worked three months notice but not sure if they had the same contract as there seems to be a lot of variation in terms and conditions..

Eoin

You should really talk to a solicitor if you want anything more specific. No one here can tell you what exactly they can do or are likely to do. You'll only get anecdotes and vague opinions like mine.

Unless they're getting something out of re-negotiating the contract, I don't think you've got that much to bargain with.

tazkatie

Agreed, I have an appointment with the Citizen's advice on Thursday.. Then will have a chat with a few solicitor friends... will sort this out... somehow

Eoin

tazkatie wrote: »

Agreed, I have an appointment with the Citizen's advice on Thursday.. Then will have a chat with a few solicitor friends... will sort this out... somehow

Excellent, best of luck. Hopefully you're worrying over nothing.