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As title,
Really unhappy with my current role due to certain things that are happening.
Had quite a few interviews but then it all goes silent when I tell them about my 3 month notice period.
Pretty sure there isn't but thought I'd ask: is there any way out of a notice period of this length??
Feeling a bit trapped.
What's the industry because that's pretty standard, I'd probably not work for employers who were put off by that.
You could try asking - but sometimes it can be difficult to enforce 3 month rules if it deemed unreasonable - for example, you are a shelf stacker for a supermarket, you could argue that it is an easy position to fill and all other supermarkets only have a 4 week notice policy. However, if you are senior-level management of a multi-national it is going to be significantly different.
Edit - and what he said....
Yes, you quit now and then start interviewing for new positions in a couple of months time. Problem solved 🙂
Last 3 month notice period job i had, I said im leaving in a week..... and I left
Seriously, what are they going to do if you leave early? Fire you? 😀 They just wont pay you....
If its a close knit industry, you might get a bit of a short term bad rep, but you were leaving anyway.
I think even for references, GDPR (libel? ) means that they generally only confirm you worked there and for how long.
You could take 3 months off sick.....
Moral is, dont tell them the 3 month notice....
Tell prospective employers, that it is 3 months but it can be negotiated.
Because that is all you can do, if your contract states 3 months then that is what it is.
However, it is a pretty blinkered org which will not enter into a negotiation, as a. They may expect flexibility in the future for them and b. Making a demotivated employee work for 12 weeks, can be damaging all round.
Edit. Just walking out is a fairly extreme form of negotiation.
I'm a Health and Safety Manager for a local utilities company and classed as middle management.
just say its 3 months on paper but negotiable and typically less in your experience.
it really shouldnt be an issue for a future employer and if it is then alarm bells should be going off
Your not a slave you can leave anytime you want. As above it may have an impact on your reputation if the old and new jobs are in the same field etc but as an ex director it happens occasionally. Best thing to do is explain that it is 3 months but negotiable then explain to you employer you can do an excellent handover in 6 weeks for example. Nobody wants an employee who doesnt want to be there.
On another note I would be surprised if a new employer is put off by 3 months notice period. What makes you sure it is this?
When I've been in a job I don't like, I've always left early.
I write a polite letter thanking the employer and my colleagues and request to leave early. They've always agreed.
I went through this with a previous company ( representing the company) it was an eye opener.
One of the key IT infrastructure guys said he was leaving, had found another job, and wouldn't be in next week.
The CEO was absolutely furious, as we'd taken the guy on as a school leaver and trained him up and nurtured him. She was straight on the phone to our HR advisors and we had a couple of meetings with them.
The HR Co were crystal clear that there was **** all we could do about it. She told us to suck it up and move on.
As a company we had to prove 2 things:
1) Breach of contract - easy enough.
2) Financial detriment caused by that BoC. Despite my boss's best efforts the HR dude said we had no chance with this. In theory we might be able to hire a contractor and then sue the employee for that money, but in reality fahgedabaht it.
Just not happening.
So yes, you have a contract with your employer, but if you don't serve your notice there is effectively nothing they can do.
PS. I'm not on the side of anyone here. I think resigning then not coming back is a dick move, but I also think my ex CEO was a...
I think the middle ground is sensible. Find a new job, tell your current one you resigned with 4 weeks notice. If they don't like it then take it from there
Tell prospective employers, that it is 3 months but it can be negotiated.
This. Wife is one of those HR bods and has said in the past that they have never held someone to a notice period if they really didn't want to stay - it's in everyone's worst interests. On the flip side, personally she has told a new employer she was on 3 months notice when she was only on one to make a move to a new part of the country more manageable.
I've worked it twice, I'd discuss it with your employer as even with the best will in the world you'll effective for half of it at most!
Currently on 1 month and not looking forwward to the inevitable redundancies with such a short time to find a new job.
Place I worked for decades ago made a colleague work his 3 months. It was a totally stupid decision as he just came in every day for 3 months, did no work and chatted to everyone else, stopping them working. Was a really petty and ultimately self defeating decision.
I say 'made' but really they just refused to agree to him leaving early, he still could have just walked.
IMO for most jobs that have a 3 month notice period, 3 months isn't long enough to advertise, recruit and hire a replacement anyway. All they can hope is that you put your house in order so that current activities are either handed over to someone else or shut down gracefully. If you can demonstrate that you'll get that done in 4 weeks or whatever then it's in your employers interest to allow you to go early, otherwise you just naturally run out of stuff to do and get paid for it anyway.
Or get caught in a compromising situation in the boardroom with Sam from HR. You'll be gone way quicker than 3 months, and Sam's worth it isn't she/he/they?
I think my problem is that there is only me and one part time advisor and they would be stuck without me (Im not being big headed)
They are also struggling to employ for a new advisor position as the pay is crap and so I really think they would make me work all 3 months of it.
Interestingly they only have to give me one month.....
I'm on 3-months, the majority of jobs I've had have been 3-months but one was 6-months.
These prospective employers, what notice period do they offer?
Last 3 month notice period job i had, I said im leaving in a week….. and I left
Seriously, what are they going to do if you leave early? Fire you? 😀 They just wont pay you….
This. There is pretty much nothing they can do. In the past I've said soemthing to the ffect of 'you can have me for another month and I'll finish xyz or I'll walk out tomorrow'
Company doesn't care about you (as evidenced by you looking for another job) so why extend them the same courtesy?
In my experience there is normally some flexibility and negotiation. You want to be out ASAP and employers don't want to have a pissed off and unmotivated person there, you could be doing all sorts of stuff to harm the company if you wanted to.
In my last place I negotiated 6 weeks rather than 3 months and in that time I agreed to complete certain steps of a project that I was working on and hand the rest over with necessary documentation. In another role I was told to leave straight away as I was customer facing and they didn't want me trying to take customers with me.
That negotiation normally comes at the point of resigning though so may not help you much.
I am 2 weeks left of a 3month notice period, the new role, just said "its standard, gives us more time to get your stuff ready"
perfect
Interestingly they only have to give me one month…..
Whaaaat?? I was about to post that you might want to consider the moral situation vis a vis them not wanting to pay you out on your notice if it was them that wanted rid. But they only have to give you one? I'm sorry but I wouldn't have signed that contract..
As said above, there's not really anything that they can do re your refusal to work other than refuse to give you a reference (even then I think that legally they have to confirm you worked there. They're certainly not going to bother taking you to court.
I used to work for one of the most controlling, potentially litigious MDs you could ever imagine. One of the senior sales managers (ie probably the easiest employee loss to be able to demonstrate financial loss, as per above comment) was on 3 months notice. He walked out after two weeks - literally walked out saying screw this - and she did the sum total of sweet FA. So yeah, if you want to walk, just walk!
I've just left a utilities company with a 3 month notice period. How much leave and TOIL do you have? With that taken into account, I went 6 weeks early.
I'm actually getting paid twice this month.😁 I'm also getting taxed to buggery.🙄
Interestingly they only have to give me one month…..
I would say you could reasonably argue that the contract is unfair and unreasonable then.
Interestingly they only have to give me one month…..
Say what now.
Why didn't you say that in the first place. It changes everything.
Unreasonable contract, right there. Give them a month notice.
I'd ask the new Co what they typically have for their iwn staff.
If they have 2 or 3 months notice on their employees its pretty reasonable for you already being in a similar position.
I'm on 2 months at the current Co. But has been 3 months at the previous Co which was for 15+ years.
Stack up some A/L in the last few weeks and that can effectively reduce it (even if the AL isn't subsequently paid). And generally make it clear its going to be to their detriment if they hold you for 3 months (3 months of doing ****all if they don't release you early - after all as others said what can they do ? Sack you ? BINGO... out AND an opportunity to claim unfair dismissal to wrong some more ££ from them.)
But has been 3 months at the previous Co which was for 15+ years.
IIRC, the notice period (for both employer and employee) automatically increases to 3 months after 12 years service.
if they don’t release you early – after all as others said what can they do ? Sack you ? BINGO… out AND an opportunity to claim unfair dismissal to wrong some more ££ from them.)
Ehhh? By sacking the person they have released them early anyway. I don't think even the most stupid person on the planet would consider that approach. I don't think there is the remotest chance of the OP being sacked and getting a claim for unfair dismissal.
First, don't mention your notice in interview. If asked a simple "not sure, I've not checked the wording of my contract for a while" will deal with the issue. If you've interviewed well and they want you, they'll likely wait for a 3 month notice.
Once you have an offer it's time for a firm but polite conversation. "Whilst I'm aware that I'm on a 3 month notice period, given it is 1 months if you were letting me go, I shall be honouring a 1 month notice and my last day will be ..."
You can tell them to stick it and walk, but aware that if you're in an incestuous industry then it may come back and bite you.
Had quite a few interviews but then it all goes silent when I tell them about my 3 month notice period.
As an aside, I'm intrigued to hear more on this. Do they shut the interview down when you tell them or is it more subtle than that? Basically, are you sure that's the real reason or are they reading something in that isn't there?
Interestingly they only have to give me one month…..
Can that be a thing - you having to give more notice than them?
Edit - I asked SHMBO and apparently it is; but not very common.
Can that be a thing – you having to give more notice than them?
I think that's the case with train drivers. 6 months from you, but one month from them.
If asked a simple “not sure, I’ve not checked the wording of my contract for a while” will deal with the issue.
Not sure that's good advice - if I was interviewing someone and they claimed not to know their notice period I'd either think they were lying or stupid, neither of which would result in an offer. The other suggestions along the lines of just stating it's 3 months but you understand it's negotiable so wouldn't expect to have to work more than 1 month's notice would be a better way to go.
For those suggesting just walk/break your contract. I'm not sure they'd be quite so blasé if the employer unilaterally decided to reduce notice from as contracted to something random. Sauce flavoured goose and all that. At least play fair.
Had quite a few interviews but then it all goes silent when I tell them about my 3 month notice period.
Sounds like a convenient way of rejecting applicants. 😁
As others have said really. Unfair employment terms are unenforceable, otherwise companies could put you on three years' notice. Realistically, how long should it take to recruit a middle manager? If it's affecting your ability to change jobs then is that not pretty unfair?
Failing that, an employer technically could come after you if you left early but it'd have to be a pretty exceptional situation for them to bother. If it were me I'd be weighing up whether I felt any company loyalty and whether it might be career suicide, people do talk 'off the record' and what you do to your current employer you might well do to a new one.
If I'd been looked after then I'd want to do the right thing by them; if I'd been reamed then perhaps not so much.
I think you might be getting this backwards, 3 months in your sort of role is normal, I doubt that is what is stopping you getting offers, as above say 3 months but it's negotiable, hell tell them you're on 1 month and walk.
I had 3 months when I was in the private sector, it's 8 weeks for my current civil service grade.
I guess writing your resignation in excrement on the bosses desk may leave you free to start a new role in about 48 hours?
My understanding is that it's very hard to hold someone to longer than their salaried period (so one month or one week for some jobs).
Statutory minimum notice from the employer is one week per year of service up to 12 or 13 years (can't remember exactly) than they have to stick to that.
If a new employer rejects you because they don't want to take on people on decent (normal in a professional job) 3 month notice then do you want to work for them as they obviously think it reasonable to move people on quickly.
Most people who want to go sooner negotiate 6 weeks to 2 months IME.
Tell current employer you are going to work for immediate competitor. Do that right and they'll escort you offsite immediately to stop you sabotaging or stealing secrets.
We used to compete against each other to see who would have the shortest time on site.
I got mine down to 2 weeks with no negotiation, and was technically working for both the old and new employer at the same time. One of the managers had all his belongings packed away ready and was escorted with that box and handed his badge over basically as he finished his 9am coffee.
I once negotiated a 3 month notice period down to a month on the basis that I’d complete my current project - they thought it would take 8 weeks, I did it in 4. Like non-competitor/ restrictive future employer clauses in contracts, they are virtually impossible to enforce - the only realistic way is to demonstrate the deliberate transfer of proprietary business information/IPR theft to a competitor. As the OP is a H&S Manager for a utilities company, doesn’t sound like there’s much sensitive business intelligence involved?
Not sure that’s good advice – if I was interviewing someone and they claimed not to know their notice period I’d either think they were lying or stupid,
Defo.
My understanding is that it’s very hard to hold someone to longer than their salaried period (so one month or one week for some jobs).
Or in reality once you've been paid (for that month) 😉
Like non-competitor/ restrictive future employer clauses in contracts, they are virtually impossible to enforce – the only realistic way is to demonstrate the deliberate transfer of proprietary business information/IPR theft to a competitor.
You're mixing up three different things here - notice periods, restraints on trade (non-compete clauses), breach of duty of confidentiality.
You don't enforce a notice period by showing breach of another obligation.
My friend is on six months notice. He was escorted off site immediately he gave his notice (having had his laptop removed) and is on extended gardening leave. In my business companies just wait for the person. And there is often a conflict of interest and commercial secrets involved. Im on three months (still).
In your case I’d tell them you will leave your matters in order in the one month notice they must give you.
3 months would be standard in my industry. When recruiting it’s expected anyone at a management level would have at least a 3 month notice period and that would not cause any issues when recruiting. What is standard in your industry? I doubt that is a significant issue with any serious company I would want to work for. I’ve waited longer to recruit the right person.
We have let people go earlier than their notice period but have also both made people work their full notice. On very rare occasions put people at very high level on gardening leave for what would typically be a 6 month notice period for those team members.