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G/f wants to quit here job, as the work load pressure is awful and she cannot do a 'good' job in her own mind. The notice period is 3 months, though she not in an essential or critical position within the company.
A quick search of the net suggests she could be sued for compensation, to cover her position, though it goes onto suggested that this is unlikely for her as she is only a 'grunt' within the company.
So are notice periods set in stone? Or a scare tactic to keep employee's in line? As a three months notice period for what is in fact a basic "line" position seems excessive, but then the company can't keep staff due to the pressure of workload (1/3 of line staff are off sick - seriously), so this maybe why they have it in place.
It's unenforceable.
It is a contract. The notice period is there to protect the employee as well as the employer. It would not be wise to breach that contract - she wouldn't get a reference and it's always wise to not burn your bridges. But she should discuss her position with her line manager - with that many staff off sick it's likely they'll be understanding, plus it wouldn't be in their interests to keep her there if she really doesn't want to be there in the first place!
It is a contract.
And has to be fair for both parties, an employer can not include any unfair clauses.
Agree with Johnners
She need to remember that jobs are hard to come by, and to make sure she has a fall back i.e. another job.
It could be argued that this is not easy to do with a 3 month notice period as not many employers would wait 3 months for a post to be filled.
1 month to 6 weeks seems more normal.
If not essential or critical to the business, about the most the company could claim against her for is the cost of paying her for the notice period. Best to come to a mutual arrangement to reduce the notice period if she wants to go earlier.
Thank for the concern about her job prospects, but her qualifications means she won't have a trouble finding a new job, or at worst temping in her old career. Even references from them wouldn't be necessary.
"as not many employers would wait 3 months for a post to be filled"
this is exactly the 'problem' as I see it, (though I know she see's it that the issue is the company work policies) as who going to accept a candidate with a 3 months notice period, employers want the employee 'now' not in 3 months... which Don's "fair contract" comments is seemingly in line with.