3 months notice period required but have been on 50% hours since end of march

tashab2 · 01-11-2020 02:16PM #1

Hi All,

I am working in the finance section of an industry severely impacted by coronavirus and have been on reduced hours since March.

I received a job offer on Friday and I wish to take it and I didn’t think the notice period would be a problem and had offered a month to my manager but he is pushing for 3 months because 2 other people have also handed in their notice in recent weeks.

The new employer is not going to wait 3 months for me to take up a standard accounting job and can easily offer the role to other candidates and don’t have to wait 3 months for someone to uptake the role.

Most people on the company are on reduced hours and there are also looking for people to take voluntary redundancy across the company. I have had to borrow off family to keep myself to pay my bills this year and need stability of a regularly salary to pay the bills and also need to pay family members back.

I believe they have breached my contract also as they are required to provide me with one weeks’ notice of working arrangements (and I give them 3 months), but they usually give me 2 days which has been quite stressful in the past, especially when I hear of colleagues being put on 0/30% hours.

I don’t believe they can do anything other than maybe not being able to obtain a reference off them in the future is that correct?

Thanks,
Tasha

GarIT · 01-11-2020 02:18PM

They have little to no authority to force you to work a notice period. Don't show up and the worse they can do is fire you. Obviously you won't get a good reference if you do that.

Aint Eazy Being Cheezy · 01-11-2020 02:19PM

Sue you for breach of contract, but there’s probably not much chance of that happening. Look after yourself first and take the new job.

tashab2 · 01-11-2020 02:26PM

Aint Eazy Being Cheezy wrote: »

Sue you for breach of contract, but there’s probably not much chance of that happening. Look after yourself first and take the new job.

Would they not have breached the contact also for not giving me a weeks notice. There has been times I have been stressed out not knowing if I have any hours the following month and my manager said he couldn't tell me but other people knew. It has been complete hell not knowing what my hours/income was going to be. And no matter what my hours were I still had to work every day to get the work done. If other people on the team didn't find work or take voluntary severance he would have had no issue with me going now. And i still don't have guarantee of hours and still can be let go because the business is still going to be severely impacted because of coronavirus.

Mrs OBumble · 01-11-2020 03:01PM

Mr.S wrote: »

... you probably won't get anything out of them in the future apart from "Joe Bloggs worked as X between Y and Z".

Most companies won't give any more than that anyway.

OP, hope the new job goes well for you.

OMM 0000 · 01-11-2020 03:15PM

tashab2 wrote: »

Hi All,

I am working in the finance section of an industry severely impacted by coronavirus and have been on reduced hours since March.

I received a job offer on Friday and I wish to take it and I didn’t think the notice period would be a problem and had offered a month to my manager but he is pushing for 3 months because 2 other people have also handed in their notice in recent weeks.

The new employer is not going to wait 3 months for me to take up a standard accounting job and can easily offer the role to other candidates and don’t have to wait 3 months for someone to uptake the role.

Most people on the company are on reduced hours and there are also looking for people to take voluntary redundancy across the company. I have had to borrow off family to keep myself to pay my bills this year and need stability of a regularly salary to pay the bills and also need to pay family members back.

I believe they have breached my contract also as they are required to provide me with one weeks’ notice of working arrangements (and I give them 3 months), but they usually give me 2 days which has been quite stressful in the past, especially when I hear of colleagues being put on 0/30% hours.

I don’t believe they can do anything other than maybe not being able to obtain a reference off them in the future is that correct?

Thanks,
Tasha

I think one month's notice is reasonable considering how much hardship the reduced hours have caused you.

Where I work, we have put everyone on reduced hours. People also have three month notice periods. I would not object to one of my staff members giving one month's notice now. I would probably make a deal with him to be available for questions or whatever during the other two months though. So maybe you can make a similar deal with your boss.

jarvis · 01-11-2020 03:19PM

I’ve always thought that no matter what your contract says you only legally have to give one pay periods notice. So one week if paid by the week and one month if paid by the month.

Just tell them that’d all you’re giving.

OMM 0000 · 01-11-2020 03:20PM

jarvis wrote: »

I’ve always thought that no matter what your contract says you only legally have to give one pay periods notice. So one week if paid by the week and one month if paid by the month.

Just tell them that’d all you’re giving.

No, you have to give the notice as per your contract.

If you have no contract, then there are statutory notice periods (not related to your pay cycle).

Jim2007 · 01-11-2020 03:56PM

tashab2 wrote: »

The new employer is not going to wait 3 months for me to take up a standard accounting job and can easily offer the role to other candidates and don’t have to wait 3 months for someone to uptake the role.

Have they said this or are you just making a big assumption? Managers like to pick people they can trust and feel will get on well with the rest of the team and despite what you may think that is not an easy decision to make, especially in financial matters.

tashab2 wrote: »

Would they not have breached the contact also for not giving me a weeks notice.

Yes you could counter sue, but at that point it will have already gotten messy.

None of us know your employer so we can't judge how the will react, that is something you will have to do. If they wanted to cause a lot mischief and were will to carry the cost, they could. It's unlikely they'd get anywhere, but if the objective was to cause you and your future employer hassle they could certainly do so. But most people don't take it that far because they don't want to pay for it for a start.

If it were me, I'd discuss it with your future employer and see what they say. Most people can see it from both sides and would expect to be treated fairly in the same circumstances. If they are demanding that you breach your contract with your previous employer, then you may have learned something valuable about how you can expect to be treated going forward as well.

Jim2007 · 01-11-2020 03:57PM

jarvis wrote: »

I’ve always thought that no matter what your contract says you only legally have to give one pay periods notice. So one week if paid by the week and one month if paid by the month.

Just tell them that’d all you’re giving.

Why would an employer bother drawing up a contract in the first place then????

01-11-2020 04:12PM

Jim2007 wrote: »

Why would an employer bother drawing up a contract in the first place then????

Is the contract not void because the employee is on reduced hours

dubrov · 01-11-2020 04:36PM

Jim2007 wrote:

Why would an employer bother drawing up a contract in the first place then????

Because most employees aren't familiar with their rights. There are loads of companies that still insert non compete clauses that are completely unenforceable.

OP, just pick a reasonable notice and then walk. There is zero chance of being pursued legally

jenneyk19 · 01-11-2020 04:58PM

as they changed the contract just give them a weeks notice
tell them you can't live on 50% hours and your leaving

if they used you they would lose

don't tell them you have another job

01-11-2020 05:38PM

tashab2 wrote: »

Hi All,

I am working in the finance section of an industry severely impacted by coronavirus and have been on reduced hours since March.

I received a job offer on Friday and I wish to take it and I didn’t think the notice period would be a problem and had offered a month to my manager but he is pushing for 3 months because 2 other people have also handed in their notice in recent weeks.

The new employer is not going to wait 3 months for me to take up a standard accounting job and can easily offer the role to other candidates and don’t have to wait 3 months for someone to uptake the role.

Most people on the company are on reduced hours and there are also looking for people to take voluntary redundancy across the company. I have had to borrow off family to keep myself to pay my bills this year and need stability of a regularly salary to pay the bills and also need to pay family members back.

I believe they have breached my contract also as they are required to provide me with one weeks’ notice of working arrangements (and I give them 3 months), but they usually give me 2 days which has been quite stressful in the past, especially when I hear of colleagues being put on 0/30% hours.

I don’t believe they can do anything other than maybe not being able to obtain a reference off them in the future is that correct?

Thanks,
Tasha

Look after NUMBER ONE. End

JustAThought · 01-11-2020 07:06PM

It seems like he is trying to enforce rhe 3 months because you are the last to leave & it leaves him stuck - eather than it being a fairly applied process. Explain to him what you have said here & the financial hrship you have been under & that you have no choice otherwise you will lose your home. Offer to Work a paid full month and then fo without burning bridges.

PS - if both your colleagues have left & this is why he is trying to enforce the 3 months does this mean there is now more work for you?

wpd · 02-11-2020 10:23AM

they cant make you stay 3 months
give them one months notice in writing and try and coincide with last pay date

offer to support a hand over via phone calls

sheepsh4gger · 02-11-2020 08:25PM

I think an illegal contract is void. They throw everything in + the kitchen sink.

A guy at my job had 2 months notice in his contract, said that he called up the government and was told 2 weeks is all that is required unless you're really high up in the company.

OMM 0000 · 02-11-2020 08:52PM

sheepsh4gger wrote: »

A guy at my job had 2 months notice in his contract, said that he called up the government and was told 2 weeks is all that is required unless you're really high up in the company.

Your friend is full of crap.

The law on this stuff is clear, the notice period in the contract is the notice period you need to give.

Jimson · 02-11-2020 09:02PM

It depends on the role really. A junior person should only have to give two weeks while for a senior person three months may well be needed depending really on the role.

If its a decent company regardless they will still give you a reference saying you worked in "Role A" between the dates of x and y.

Personally companies have tried the three months thing with me. I gave a two weeks notice and left as there was six others on the team that could do what I could.

If I was a specialist in a certain area that only I can do id hate to leave them in the lurch but not worth risking your new job. Id discuss with the new employer if I could give extra time to the current employer as will be leaving them hanging high and dry.

3 months notice period required but have been on 50% hours since end of march

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