Notice Period Issue Query

sareer

My friend (not on boards) wants to resign from her job and in her contract it says her notice period is as per the minimum notice 1973 regulation. It seems to say it should be a week as she has been with the company for more than 13 weeks. Her employer is asking her to do 8 weeks instead and is threatening her with "dire consequences" as my friend insists on a week. What consequences could her boss be referring to? Can the company really increase the notice period like this?

Stheno

They can ask for that amount of notice, probably the most they can do if she doesn't do it, is refuse to give a reference.

jimmycrackcorm

What does her contract say as that should specify the agreed notice period?

In reality there is nothing her employer can so other that not supply a reference.

sareer

jimmycrackcorm wrote: »

What does her contract say as that should specify the agreed notice period?

In reality there is nothing her employer can so other that not supply a reference.

It only says "in accordance to the 1973..." and nothing else.

sareer

Stheno wrote: »

They can ask for that amount of notice, probably the most they can do if she doesn't do it, is refuse to give a reference.

That's good to know. My own contract mentions a specific notice period so I was surprised when she told me of her scenario where the employer gives one in the contract and (at random) tells her another later.

seamus

If it is as described, there are no "dire consequences" for your friend in leaving after the weeks' notice.

However - that's assuming they've been with the company less than 2 years. If they've been with the company longer, a longer notice period will apply.

If an employer wants you to work on for longer than required, I'd be inclined to negotiate a fixed bonus, payable immediately, on top of normal pay for the duration of the notice period.

However if the employer is already in the realms of threatening, they're probably not the kind of person to honour such an agreement.

_Brian

Biggest risk is a poor reference. But otherwise there are no consequences they can bring forward.

I'd offer to compromise, 2 weeks, maybe 3.

Mrs OBumble

Stheno wrote: »

probably the most they can do if she doesn't do it, is refuse to give a reference.

Important word bolded.

There's no legal come-back for the employer. But there are potential issues other than the reference.

Is it a small town? Small industry? Is the employer well connected gossip? Will other people take any notice of him/her, or just write comments off as "xxx being a b*tch again" (I've even seen a case where being bad-mouthed by a nasty former employer mades someone more attractive to other employers!)

The dire consequences may not be for the employee. They may be for his/her soon-to-be-ex colleagues (who may or may not be friends). Will they have to work unreasonable extra hours until a replacement is found and brought up to speed. Is the business to marginal that the extra cost of a new hire will tip it into closing.

Alternatively the employer may just be a drama queen with a big mouth, who can safely be ignored. The only one who can make this call is the OP's friend.

sareer

Thanks all. My friend ended up giving two weeks but boss still seems disgruntled. I guess this has to make do then.