Notice Period - help

AnSliabhCorcra

Hi there

Wanted to ask a question as I'm a bit unsure of the answer. My current employer issued me with a contract (which I signed when I joined the company) which requests a 'notice period of 2 months' to terminate employment.

I have worked there for 93 days.

I'd now like to leave the company due to internal culture issues (shouting and swearing at employees with very aggressive language, requesting me to use personal time and internet account for business purposes amongst various others).

The probation period which was agreed was 120 days however the employer did not include this in my contract (in error!) - my other colleagues who started at the same time have this probation period built into their contracts enabling them to be sacked without notice.

My questions:

• In light of the circumstances, would the fact that a verbal probationary period was agreed be grounds enough to leave giving 1 month's notice for instance.
  
• If I refuse to work out the full notice period offering only one month, what would be the potential outcome of this? Can the employer enforce that i work the stated period?
  
• Given that the manager is extremely aggressive and overpowering, I don't foresee them being happy to negotiate. The manager is one of the senior directors and major stakeholder in the company so I can't take it ''above''.

My worry is that I won't be able to gain alternative employment because of the extended notice period; that worries me significantly.

Any help, advice or similar stories would be greatly appreciated.

ibarelycare

Unless you're relying on a reference from this employer, just give them a month's notice. They can't force you to work. You will be breaching the contract but realistically they're not going to do anything about it.

Teyla Emmagan

If you didn't sign something saying you had a 3 months notice period then they haven't a leg to stand on. After 93 days you're doing them a favour working any notice period.

ibarelycare

Teyla Emmagan wrote: »

If you didn't sign something saying you had a 3 months notice period then they haven't a leg to stand on. After 93 days you're doing them a favour working any notice period.

She did sign the contract with a 2 month notice period.

Regardless, an employment contract doesn't have to be signed by an employee for an them to be bound by it. An unsigned employment contract is validated by an employee performing under the terms of the contract over a period of time without raising any objections to the terms.

AnSliabhCorcra

Hi there!
Thanks so much for the responses.

I really appreciate it. I'll keep you posted on how it goes; I reckon my approach to any future employer would be to explain that there is a 2 month notice period however that one month would be possible where required and take it from there.

I think it's a bit of a cheek to put down 2 month's notice (this isn't senior director level stuff!) - whilst I think it's a cheek, I did still sign it.

syntheticjunk

You working there for 93 days and they expecting 8 weeks notice......
I would give them 2 week notice at the best.

bucketybuck

AnSliabhCorcra wrote: »

[*]If I refuse to work out the full notice period offering only one month, what would be the potential outcome of this? Can the employer enforce that i work the stated period?

No. They cannot. Not in any meaningful sense, the single thing they can do is give a bad reference, they cannot prevent you taking up other employment.

skallywag

AnSliabhCorcra wrote: »

I reckon my approach to any future employer would be to explain that there is a 2 month notice period however that one month would be possible where required and take it from there.

I'd exercise caution here, and state it along the lines of 'My notice period is officially 2 months but I may be able to negotiate with them to leave earlier'.

You certainly do not want to give the impression that 'My notice period is officially 2 months but I will just leave earlier anyway if you want me to'.

I would never hire someone who is reneging on an agreed notice period with their current employer.

Xterminator

Hi Op

your veering towards looking for legal advice about contract law, and this isnt the place to get that kind of advice.

you gave your word (in the form of a binding contract) that you would work 2 months notice. that does place an obligation on you.
You are unhappy in your work due to the culture and want to leave.

i dont see any extenuating circumstances you could use to break the contract. so you are down to reneging on your word. Is that the kind of image you want to portray to your current employer and possibly your new one?

Shelflife

I love the way employees sign a contract and then try to weasel their way out of it, but if the employer was to do the same they would expect the full two months notice period to be adhered to.

Contracts are a two way agreement and are legally binding, I look forward to the day when an employer sues a former employee for not working notice when they are required to do so.

Op you can leave and in all likelihood nothing will come of it apart from a bad reference.

You are in breach of contract though, unless there is an agreement in place.

daheff

Shelflife wrote: »

Contracts are a two way agreement and are legally binding, I look forward to the day when an employer sues a former employee for not working notice when they are required to do so.

You are in breach of contract though, unless there is an agreement in place.

AnSliabhCorcra wrote: »

Hi there

requesting me to use personal time and internet account for business purposes amongst various others).

I think the employer has already broken the contract by asking to work personal time (I'm assuming unpaid)



I understand the general point you make that employees are walking out of contracts because they dont suit, but i would counter that there is an uneven balance of power in the first place that the employee either sign the contract or dont get the job. Most people are not in a position to bargain on contracts (other than salary).

Pelvis

When an employer is abusing their staff, then no way on this earth should any staff member be obligated to work any notice period.

Shelflife

Pelvis wrote: »

When an employer is abusing their staff, then no way on this earth should any staff member be obligated to work any notice period.

and if the employee is abusive toward the employer can they refuse to honour their commitment as well ?

Pelvis

Shelflife wrote: »

and if the employee is abusive toward the employer can they refuse to honour their commitment as well ?

Yes, absolutely. That would be gross misconduct, you can be sacked without notice or pay in lieu of notice.

bucketybuck

Shelflife wrote: »

and if the employee is abusive toward the employer can they refuse to honour their commitment as well ?

Seriously?

An employee abusive to their boss could and would be sacked for gross misconduct immediately, no notice period would apply. That is basic knowledge.

seamus

OP, if the guy is as bad a bully as you say, then I really only see one possible outcome. You hand in your notice, tell them you'll only work a month, he loses the plot and tells you to GTFO and don't come back.

My suggestion would be to wait until the next pay day before you hand in your notice. Then you don't have to worry about him trying to withhold pay as "punishment".
Have your desk tidied up and any personal belongings already brought home so that if/when he loses the plot, you can just take your jacket and leave. You cannot sign a contract that obligates you to be bullied and shouted at. You have adequate grounds to leave without any notice on the basis of the manager's behaviour.