Extended notice period due to long service

bainbridge · 19 Dec 2018 at 10:11

Hi all

According to our company policy there's a requirement to give 1 months notice when leaving if less than 5 years service but if you've been there longer it's an extra week for every year worked over 5. So with me being there for 10 years if I hand in my notice I'm expected to give 9 weeks! I think that's unreasonable, a month should be the going rate.

How do I stand from a legal point of view if I were to give a month's notice? I guess technically I would be in breach of contract but does anyone have any experience of any flexibility being given around this?

Thanks

bainbridge · 20 Dec 2018 at 23:00

Thanks everyone for responding, looks like negotiating down to a month is the best course of action.

bainbridge · 15 Feb 2019 at 23:52

Well I've accepted an offer of employment with a new firm to start in 5 weeks time. I'll be handing in my notice on monday and although my contract says 9 weeks as per the opening post I'm giving 5 weeks and hope it's accepted.

If I get grief I'll email my line manager saying I'll forfeit my accrued holiday entitlement which will up the notice period to 6 weeks, so I'm seen as trying to be reasonable.

Hopefully it'll just be accepted, its more than a month.

bainbridge · 16 Feb 2019 at 17:59

I know lots of people who have left with 1 month notice given but I suspect they might try to make an example out of me.

One ploy often used is to threaten to hold a disciplinary meeting for being awol but I don't see how this could be carried out because surely if you gave written notice saying you were leaving on x date, then x date came and went, then you'd no longer be an employee regardless of the required notice period.

bainbridge · 17 Feb 2019 at 09:39

dowie said:
Well so long as you're not reliant on them for a good reference then in most cases they'd probably not do much. I guess technically you might end up being officially sacked/terminated though if they're not happy with you just deciding to not work your notice/not turn up. After all they're not going to want to pay you for that period of time and if they didn't agree to it then simply not turning up at work would be grounds for a disciplinary AFAIK.

Well my new job is subject to satisfactory references so I'll need a reference. If there's no leeway I'll just have to ask my new employer if they could possibly delay my start date by a few weeks.

bainbridge · 18 Feb 2019 at 23:14

dowie said:
Did you not tell the new employer what your notice period would be in the first place? I mean that would surely have been easier than potentially needing to spring this on them later.

With hindsight this would have been the best thing to do but I couldn't find anything suitable with a start date over 6 weeks away, and by the time I'd applied and got.an interview that was down to 5 weeks.

We had new.contracts of employment about a year ago and although the extended notice for long service was now written in, many people were still giving 1 month notice with no apparent problems so it appeared this new clause wasn't being actively enforced.

So I thought I'd play it by ear, hopefully things will go smoothly but you're right, if I end up in a corner it's my fault.

bainbridge · 18 Feb 2019 at 23:19

Rids said:
From a hiring point of view the length of your notice period wouldn't be an issue for me for the most part, if you're the right candidate then waiting 4 extra weeks isn't going to make me suddenly withdraw the job offer - and even if I did I've then got to go through the faff of more paperwork, potential re interviewing, etc. The only time I'd be put off is if it was for an interim role where I just looking for a warm body to make up the numbers.

Well apparently this new employer does recruit regularly so if I've caused problems by trying to leave earlier hopefully they might delay my start date if, as you suggest, that's not a massive deal. It makes sense to me.