Notice Period

unregjobq

Hi All,

I am in a tricky position at the moment graduating and switching jobs also.

I have been luck enough to guarantee myself a new job starting immediately after I finish my final year exams. I currently work for an employer who state the minimum notice period is 4 weeks in my contract. I have been working for them for just under 2 years.

What is my legal entitlement regarding notice period? I was hoping to work 2 weeks notice and leave it at that due to the workload I am up against the next 4 weeks and other personal circumstances. Would this be an unreasonable request to put forward?

As much as it might sound unprofessional, there is a lack of any current good relationship between my current employer and I, and I don't require a reference from the current employer so I am not worried if the situation ends in bad terms.

Any advice appreciated.

Sideshow Mark

It's not unreasonable, and if your current employer is agreeable then there's no issue, obviously.

In all likelihood they won't, it's up to you if you no-show for your final two weeks. The only issue may be that you won't be paid for some or all of the the final two weeks. You may even be dismissed sooner than that for non appearance. You would be wise to check your employee handbook, so you know where you stand. Also keep in mind that you are well and truely burning a bridge.

Nody

Your legal entitlement as you put it is 4 weeks as that's what you agreed in writing and the law outlines that contractual agreement overrides the minimum notice period as long as it's reasonable (i.e. no 6 month notice for basic first level support job).

Ray Palmer

Nody wrote: »

Your legal entitlement as you put it is 4 weeks as that's what you agreed in writing and the law outlines that contractual agreement overrides the minimum notice period as long as it's reasonable (i.e. no 6 month notice for basic first level support job).

I actually thought it was the law that trumps the contract? The can pursue you for breach of contract after that but then it is a civil case. It rarely happens that anybody is pursued for leaving early.

The normal way around this is hand in your notice and then tag on any holidays on after that and then you might only be leaving a few days before the 4 weeks if at all.

skallywag

I would never be afraid to be open with employer about a desire to leave without working the agreed notice, and in many cases employers will be accommodating.

If your employer does however need you to work out your notice, then you should do so. If your new employer is anyway decent then he/she should also be understanding of this.

blindsider

Ray Palmer wrote: »

I actually thought it was the law that trumps the contract? The can pursue you for breach of contract after that but then it is a civil case. It rarely happens that anybody is pursued for leaving early.

The normal way around this is hand in your notice and then tag on any holidays on after that and then you might only be leaving a few days before the 4 weeks if at all.

Nope. The law provides the minimum protection for both. If the parties agree (by contract) to another arrangement, then that's what's agreed - and enforceable.

Walking out (as in, leaving early w/o agreement) could mean:

-Delay in being paid
-Delay in receiving P45
- Not getting a reference - no-one is obliged to provide one. It's amazing how many phone-calls go 'un-returned'.
- Being quietly bad-mouthed - or even damned by faint praise.
- The issue coming back to bite you in X yrs time.

As Eddie O'Sullivan (former Irish rugby coach) used to say "You can't un-ring a bell."