Notice period problem

LegacyUser

Hi guys,

I'm looking for some advice on my notice period.

I've been in my role for 2.5 years and have an 8 week notice period. I'm very unhappy in the company and have been for 6 months, so have been applying to other jobs since then. I am having no luck at all and have been told by almost all companies and recruitment agents that it is my notice period standing in my way. 8 weeks is very unusual in my sector and companies won't wait that long. On the other hand, I really don't want to burn my bridges with my current company.

Any advice? As far as I can see my only options are to lie about my notice period to get interviews, and then either try to persuade the new company to wait 8 weeks, or break my contract with the current company, and I don't want to do either because it seems so dishonest!

Eoin

I was in the boat in my last place - I had a 3 month notice period. I wasn't senior or anything, but didn't have much leverage when I took the job.

Anyway, I was honest about it to recruiters, but did say that I was confident I could negotiate a shorter notice period. When it came to resigning, I was able to show my manager that I had a plan to finish off / hand over my work within a shorter notice period. I obviously had to gamble a bit by handing in my notice first.

Do you have much annual leave accrued? You're not entitled to take it out of your notice period, but as they'd have to pay you for it if you didn't take it before you finish up, most companies let you finish early. You'd still be employed by the last company, so I don't know if that's an issue legally and/or from a tax point of view.

highly1111

I have never heard of that. How frequently you get paid normally determines your notice period? So unless gardening leave applies it's usually monthly. How can they enforce this? If you got a job that wanted you in 4 weeks i would give the company 4 weeks notice. To be honest it seems unfair to ask for more unless you're very specialised. After all, what are they going to do?? Although i do understand not wanting to burn bridges.

Eoin

highly1111 wrote: »

I have never heard of that. How frequently you get paid normally determines your notice period? So unless gardening leave applies it's usually monthly. How can they enforce this? If you got a job that wanted you in 4 weeks i would give the company 4 weeks notice. To be honest it seems unfair to ask for more unless you're very specialised. After all, what are they going to do?? Although i do understand not wanting to burn bridges.

There is no link between your pay schedule and your notice period. If you sign a contract giving 8 weeks notice, then that's your notice period.

Gardening leave means that they pay you for your full notice period but you don't have to come into work. I'm not sure how that fits in with what you're saying.

How can they enforce it? In theory they could sue for breach of contract. I'd have to imagine that this doesn't happen too often as there's not much to gain - but that's for the OP to weigh up as nobody here can offer legal advice.

In reality, it could mean a negative reference. That might not sound like a big deal, but it doesn't look great if a candidate can't give you a reference from an employer who they don't currently work for.

LegacyUser

Thanks for the replies.

I know the company wouldn't sue if I gave 4 weeks but it would leave a sour taste and they're a large company, while I hope not to have to work for them again Ireland is small and you never know where people will crop up, I like to remain on good terms!

My role is specialised but not so much that a replacement couldn't be found in 4 weeks, the issue is their recruitment process is ridiculously slow but nothing I can do there!

I hadn't thought of annual leave eoin, thanks. I think I have a week plus some overtime to take. I like the idea of being honest and taking the gamble that I'll be able to reduce the notice period, looks like my only real option at the moment!

Irish_Elect_Eng

I was a manager in a company where the notice period was 3 months.

On more than on occasion we let people go with 6 weeks notice in exchange for an agreement that they would support the new hire during their induction period. In one case this was phone support over a 6 month period (10-20 calls I'd guess), in another case we agreed that he would return for 1 week when we hired a replacement to provide their induction training.

Another strategy would be to start "covertly" training a more junior colleague as your replacement, showing the the ropes and involving then in the key elements of your role as a development opportunity, like a mentor. Position them to replace you to ease your departure.

So be imaginative in what you offer to your employer in terms of hand-over,future support, etc. Think of the issues that your departure early would cause and have a plan to address each issue in advance.