Notice period - compulsory to be paid for contract duration?

autoboi

Hi,

I was hoping to get some advice. I am going to hand in my notice at work for personal reasons. I have been there just under a year and have passed probation etc.

Contractually I have a 3 month notice period and financially would need to work those 3 months.

It's a bit of a nasty place to work. When people leave they tend to finish that same week it's announced. It's all very hush and even if there is a card etc. this is top secret as its frowned upon. Its very uncomfortable if I'm being honest.

So the question is if I hand in my notice and they ask me to leave that week do they have to pay me for my notice period. I.e the 3 month period? I'm happy to work it, I just don't know if I would be allowed to??

Many thanks!

R19

autoboi wrote: »

Hi,

I was hoping to get some advice. I am going to hand in my notice at work for personal reasons. I have been there just under a year and have passed probation etc.

Contractually I have a 3 month notice period and financially would need to work those 3 months.

It's a bit of a nasty place to work. When people leave they tend to finish that same week it's announced. It's all very hush and even if there is a card etc. this is top secret as its frowned upon. Its very uncomfortable if I'm being honest.

So the question is if I hand in my notice and they ask me to leave that week do they have to pay me for my notice period. I.e the 3 month period? I'm happy to work it, I just don't know if I would be allowed to??

Many thanks!

Hi,
you need to check your contract and be sure that the 3 months notice period is mutual. In theory they should allowed you to work those months. However I can understand the financial side of It, but you said that is an ''uncomfortable'' place to work in... Are you sure you would be happy to work there for the whole notice period?
Have a good think about It.
Good day

amcalester

Might you be placed on gardening leave for the 3 months?

OMM 0000

Yes, if they ask you to leave immediately, you will get paid for the three months.

Or at least, you're supposed to get paid for the three months.

autoboi

R19 wrote: »

Hi,
you need to check your contract and be sure that the 3 months notice period is mutual. In theory they should allowed you to work those months. However I can understand the financial side of It, but you said that is an ''uncomfortable'' place to work in... Are you sure you would be happy to work there for the whole notice period?
Have a good think about It.
Good day

Thanks for the reply.

I have no doubt that it would indeed be a miserable 12 weeks but alas I've got bills to pay! To be honest - the thoughts of getting out alone and never having to go back to that place will keep me going. I've had super stressful roles before. This odd form of mental torture I can not deal with.

I had a gut feeling by week two. Tough lesson - gut is always right!

m5ex9oqjawdg2i

OMM 0000 wrote: »

Yes, if they ask you to leave immediately, you will get paid for the three months.

Or at least, you're supposed to get paid for the three months.

The OP is not being asked to leave, he is handing in his notice. How can one expect to get paid for the remainder of the contract if they quit?

amcalester

Rylan Refined Uterus wrote: »

The OP is not being asked to leave, he is handing in his notice. How can one expect to get paid for the remainder of the contract if they quit?

Op didn't say he was on a contractor, he said his contract had a 3 month notice period.

OMM 0000

Rylan Refined Uterus wrote: »

The OP is not being asked to leave, he is handing in his notice. How can one expect to get paid for the remainder of the contract if they quit?

My understanding is he's a normal employee. His contract states there is a three month notice period.

He hands in his notice (three months).

He intends to work the three months.

Employer says "we'd rather you leave immediately" and pays the three months salary.

This is not uncommon. It's called "garden leave".

3DataModem

If your contract stipulates a three month notice period, and you hand in three months notice, they need to pay you the three months notice (whether you work there, or they ask you to leave, or whatever).

rock22

autoboi wrote: »

Hi,

I was hoping to get some advice. I am going to hand in my notice at work for personal reasons. I have been there just under a year and have passed probation etc.

C.....

I would be inclined to complete the full year. This gives you considerably more protection as an employee.


I doubt if the three month notice period is enforceable

skallywag

In my experience one of three things can happen when one resigns.

One, they ask you to work out the 3 months and you agree, with you being, of course, paid.

Two, they want you to leave ASAP, in this case you get put on gardening leave for 3 months, or they just release you completely while also paying you for the 3 months.

Three, you yourself want to leave immediately, and they also agree that that is fine with them. In this case the notice period can be waived, and you leave immediately, without pay for the 3 months.

So in conclusion OP, if they want you to leave immediately, and it does not suit you, then yes, the need to pay you for the 3 months.

OMM 0000

skallywag wrote: »

In my experience one of three things can happen when one resigns.

One, they ask you to work out the 3 months and you agree, with you being, of course, paid.

Two, they want you to leave ASAP, in this case you get put on gardening leave for 3 months, or they just release you completely while also paying you for the 3 months.

Three, you yourself want to leave immediately, and they also agree that that is fine with them. In this case the notice period can be waived, and you leave immediately, without pay for the 3 months.

So in conclusion OP, if they want you to leave immediately, and it does not suit you, then yes, the need to pay you for the 3 months.

This is exactly my experience too.

autoboi

Thanks for all the comments - great help and much appreciated!

Markcheese

rock22 wrote: »

I would be inclined to complete the full year. This gives you considerably more protection as an employee.


I doubt if the three month notice period is enforceable

Check this carefully...
They could just lay you off,
Under a year, you have very little employment rights, they could just lay you off, with very limited notice (a week?)
They may not, and I'm not sure how much weight the contract holds, but check it well first

amcalester

Markcheese wrote: »

Check this carefully...
They could just lay you off,
Under a year, you have very little employment rights, they could just lay you off, with very limited notice (a week?)
They may not, and I'm not sure how much weight the contract holds, but check it well first

Contractual notice period would still apply, the employer can’t just send him home and not pay him.

IITYWYBMAD

autoboi wrote: »

Thanks for all the comments - great help and much appreciated!

As somebody has previously said, check the contract. The terms do not necessarily have to be mutual. I have a 3 month notice period on mine in the event I'm asked to leave. however the company have 6 months on their side, should I wish to leave.

Secondly, finish your 12 months out, irrespective of your probation status.

Munstermissy

skallywag wrote: »

In my experience one of three things can happen when one resigns.

One, they ask you to work out the 3 months and you agree, with you being, of course, paid.

Two, they want you to leave ASAP, in this case you get put on gardening leave for 3 months, or they just release you completely while also paying you for the 3 months.

Three, you yourself want to leave immediately, and they also agree that that is fine with them. In this case the notice period can be waived, and you leave immediately, without pay for the 3 months.

So in conclusion OP, if they want you to leave immediately, and it does not suit you, then yes, the need to pay you for the 3 months.

Can a company make you take holidays whilst on garden leave?

skallywag

Munstermissy wrote: »

Can a company make you take holidays whilst on garden leave?

If you have holidays remaining then I am fairly sure that you can be expected to use them up within the garden leave period. In general a company can make you take holidays during a certain time as long as it is reasonable, and I cannot think one could argue that doing to during gardening leave would not be so.

C3PO

Munstermissy wrote:

Can a company make you take holidays whilst on garden leave?

As opposed to paying you for the garden leave and then paying you for the holidays when you are finishing-up at the end of the leave?