Notice periods

khaldrogo

What is the legality of notice periods in contracts? I want to give 2 weeks but my contract says 1 month.

Plumbthedepths

Do you place any value on a good reference?

antix80

khaldrogo wrote: »

What is the legality of notice periods in contracts? I want to give 2 weeks but my contract says 1 month.

Legally, you are obliged to give 1 month.

In reality, your employer likely won't sue you.

You might have a hard time getting a "good" reference, but some companies don't give more than a "statement of employment" anyway. In a small industry/town, employers might know each other and give each other a "heads up" not to employ someone.

Your best bet is to tell your existing employer of your predicament and encourage them to accept a shorter notice period.

khaldrogo

Plumbthedepths wrote:

Do you place any value on a good reference?

I have a number of good refs from before this place. New place never even asked for one!!

khaldrogo

The new job will wait the month if needs be but I want out asap.
Another employee at my pay grade left a few weeks ago. He was employed for over a decade. He gave 2 weeks and nothing was said. I'm there considerably less time than him.

Plumbthedepths

khaldrogo wrote:

I have a number of good refs from before this place. New place never even asked for one!!

They might though. Best to leave on good terms if possible.

Squatter

khaldrogo wrote: »

The new job will wait the month if needs be but I want out asap.
Another employee at my pay grade left a few weeks ago. He was employed for over a decade. He gave 2 weeks and nothing was said. I'm there considerably less time than him.

So give two weeks and see what happens. If they kick up, be reasonable, if they accept it, then away you go!

Jim2007

khaldrogo wrote: »

I have a number of good refs from before this place. New place never even asked for one!!

Not yet and you'll be on probation for period..... and what about the job after that....

And it is not just about a reference, there are also your former colleagues to consider.... they might also comment at some stage to someone considering you for a position.... "that was the guy that walked of the job...." Value your reputation it is very easy to lose it.

Legally you are expected to honour your contract, if there is no reason other than your personal preference, then it would be better to work out your notice period

khaldrogo

Jim2007 wrote:

Legally you are expected to honour your contract, if there is no reason other than your personal preference, then it would be better to work out your notice period

But if there is very recent examples of an employee leaving on a 2 week notice then enforcing the month on me is just out of spite

OMM 0000

khaldrogo wrote: »

What is the legality of notice periods in contracts? I want to give 2 weeks but my contract says 1 month.

Legality is you are breaking your contract and legal action could be taken against you.

Only you know if that's likely and/or worth the risk.

antix80

If a long term employee left with only 2 weeks' notice, all the more reason they might want you for the entire month

khaldrogo

antix80 wrote:

If a long term employee left with only 2 weeks' notice, all the more reason they might want you for the entire month

In a different location to me. His position has already been filled. There is also someone waiting to fill my position. The HR is a weapon. Just trying to fcuk me over.

Glass fused light

khaldrogo wrote: »

But if there is very recent examples of an employee leaving on a 2 week notice then enforcing the month on me is just out of spite

You are presuming that the other was obliged to give 1 months notice, where as their contract may only have required 2 weeks notice.

khaldrogo

Glass fused light wrote:

You are presuming that the other was obliged to give 1 months notice, where as their contract may only have required 2 weeks notice.

I spoke to him today. 1 month in his contract

skallywag

khaldrogo wrote: »

The new job will wait the month if needs be but I want out asap.

I would be careful here.

You certainly do not want to give your new employer the impression that you would be willing to renege on the notice period that you had agreed with your previous employer, particularly since your new employer is more than willing to wait this month. Your new employer would then very likely take away the message that you would be more than willing to do the same with them. This would be a showstopper for me at least, and you would not be getting the job.

I cannot see it being enforced out of spite to be honest. If someone has decided to leave then I want them out as soon as possible. I will only ask them to work out the notice period if it is really a must.

Antares35

khaldrogo wrote: »

The new job will wait the month if needs be but I want out asap.
Another employee at my pay grade left a few weeks ago. He was employed for over a decade. He gave 2 weeks and nothing was said. I'm there considerably less time than him.

He might have had a shorter or no clause stipulated in his contract. I recently left a job of over a decade and they had not stipulated a notice period. They expected me to give a month but legally I only had to give 1 week which is the statutory notice period. I gave 2 weeks which I considered to be reasonable in the context where they had treated me badly for a long time. I got my reference from a co-worker who was more senior and with whom I had worked occasionally on projects, and steered clear of my own boss when providing reference information. My new job has a 1 month notice period during probation and 3 months thereafter. So, it can vary widely.

Jim2007

khaldrogo wrote: »

The HR is a weapon. Just trying to fcuk me over.

And what would you call your welching on a contract?????