Extended notice period due to long service

[Deleted member 66701]

I've never experienced a company doing anything about employees not serving their notice period - it's normally the opposite way round, i.e. person hands in notice, gets put on gardening leave (although my experience is mainly with people that require security clearance etc). Hell, I gave a weeks notice to leave a job in the summer that required 6 weeks notice and not a dicky bird was said about it - even got holiday pay.

 

[bainbridge]

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

 

[dowie]

It isn't really a negotiation tbh... more of a request. Unless they're perhaps expecting you to finish some crucial work or put in some serious hours/effort during your notice period (like perhaps you're part way through an important project and they'd like you to hit certain goals before you leave etc..).

 

[Rroff]

I've never experienced a company doing anything about employees not serving their notice period - it's normally the opposite way round, i.e. person hands in notice, gets put on gardening leave (although my experience is mainly with people that require security clearance etc). Hell, I gave a weeks notice to leave a job in the summer that required 6 weeks notice and not a dicky bird was said about it - even got holiday pay.

I think this is partly due to the fact that once an employee says they are leaving and imparts that they want to leave early there isn't a huge point in having them stay on longer as they have little reason or motivation in many cases to be productive - the last few weeks you'd probably be paying them to mostly jolly around.

I had to laugh at one place when they were closing the warehouse and making people redundant and sent a notice around about how important it was that X was done before Y date and so on as part of the decommissioning process - it seemed to completely escape management that by that point no one gave a ****.

 

[Pudney]

I've always worked my full notice. One employer kept me jam packed with work throughout the 3 months, then wanted me to stay late on my final day organising handover emails etc. (after needing me to work heavily on a client proposal in the week leading up). I just looked confused and said, nope, final day, I'm leaving at 5pm...

 

[the_r_sole]

I had a three month notice period at my last place and it was basically so that I could hand over all the jobs and clients to other people in the office over a period of time, the reality of the situation was that the employers were so bad at managing the business, they took until the last couple of weeks to try and sort it out, so I ended up fielding phone calls at my new work, for my old work!

 

[HangTime]

Never understand the need for such a long notice period, even management are 4 weeks at my place.

It's to ensure that there is enough time to mobilise for their departure, i.e. lining up the relevant people to conduct knowledge transfer with, and minimise the duration that their role needs to be covered in an interim capacity before performing a replacement. It can take months to hire replacement permanent staff.
I have a 12 week notice period and whilst I might ask to shorten it, I would serve it if required. At my previous company I had a 9 week notice period and I think I technically served that out although I used holiday at the end to ensure I could join the new employer sooner.
Conversely I have hired two people coming from 3 months notice period and they both served it in full (personally I don't see this as a bad thing per se as I would infer that they must be reasonably competent if the previous employer wants to keep them around).

 

[dowie]

I've always worked my full notice. One employer kept me jam packed with work throughout the 3 months, then wanted me to stay late on my final day organising handover emails etc. (after needing me to work heavily on a client proposal in the week leading up). I just looked confused and said, nope, final day, I'm leaving at 5pm...

I'd have been inclined towards leaving at 5pm or thereabouts throughout most of the notice period tbh... I mean once you've got the notice handed in then there is no more bonus and obviously no promotion to aim for. It ought to be getting more into handover mode, finishing off existing projects etc.. unless they want to incentivise you with some ad-hoc bonus for meeting certain targets before your last day (that has happened before at a previous firm).

I don't think an employer can reasonably expect someone to put in additional long hours during a notice period even if that was how they'd usually worked prior to then. it is pretty much taking advantage of someone if you dump a load of work on them and frankly (IMHO) ought to be resisted to some extent. Unless you've perhaps messed something up or have caused a delay to some existing project then I don't see much need to work longer hours than you're contracted for (if that even) during a notice period.

The last time I handed my notice in I had a sit down with my boss and laid out what I had scheduled and what was realistic to get through etc.. in the time available and what I'd likely have to hand over to others etc..

 

[dowie]

It's to ensure that there is enough time to mobilise for their departure, i.e. lining up the relevant people to conduct knowledge transfer with, and minimise the duration that their role needs to be covered in an interim capacity before performing a replacement. It can take months to hire replacement permanent staff.

It also partially functions as a non-compete (though I've often had some unpaid non-compete period beyond the notice period)... a few years ago I'd had some silly contracts like 12 month non-competes covering the entire EU etc.. they're not necessarily enforceable if the employers take the **** and according to a reassuringly expensive solicitor the one I signed likely fell into that category.

The employer did update them and I ended up with a 3 month notice period and 3 month non-compete period on top of that. If someone really upset them with their choice of new employer (or just refused to reveal it to HR when handing in their notice) then they'd be sent home immediately and essentially be on gardening leave for 3 months. Whether or not they honour the additional 3 months non-compete clause the company can at least be more assured re: the 3 months they're paying them for.

 

[Pudney]

I'd have been inclined towards leaving at 5pm or thereabouts throughout most of the notice period tbh... I mean once you've got the notice handed in then there is no more bonus and obviously no promotion to aim for. It ought to be getting more into handover mode, finishing off existing projects etc.. unless they want to incentivise you with some ad-hoc bonus for meeting certain targets before your last day (that has happened before at a previous firm).

I don't think an employer can reasonably expect someone to put in additional long hours during a notice period even if that was how they'd usually worked prior to then. it is pretty much taking advantage of someone if you dump a load of work on them and frankly (IMHO) ought to be resisted to some extent. Unless you've perhaps messed something up or have caused a delay to some existing project then I don't see much need to work longer hours than you're contracted for (if that even) during a notice period.

The last time I handed my notice in I had a sit down with my boss and laid out what I had scheduled and what was realistic to get through etc.. in the time available and what I'd likely have to hand over to others etc..

Although I agree with you I’m far too nice for my own good. That was a particularly badly ran client project at all levels, I was amazed from the start how poorly it was dealt with. But the client was paying on a time basis (which itself is stupid) so there was no incentive not to overwork things.

 

[SPG]

£400 private Dr, sick note for stress 6 weeks off paid. That if your company gets arsey and refuses to shorten your 3 months.

 

[krooton]

3 months here for senior roles and up, 1 month for anything under that, length of service doesn't come in to play.

I can kinda see how it could be needed though, I've been here 6 years now, built up quite a complex and niche set of skills within the business (only 4 of us GLOBALLY have the same knowledge, skills and access).

I don't think I would be able to build a fully comprehensive handover even if I worked on it for the full 4 weeks and ignored my day-to-day, as there is so much stuff I just inherently know, putting it all down in a document would take ages.

 

[Terminal_Boy]

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

I was in the same situation earlier this year. 5 weeks notice for the first 5 years of service and then an additional week of notice for each additional year of service, so my 9 3/4 years of service meant my notice period was 9 weeks.

As I would have accrued 3 weeks paid leave by my last day of employment, I could have negotiated with my manger to take these 3 week in lieu of notice. Since I wanted the money, I was happy to work the whole 9 weeks. Since I had a project to finish, my manager was very happy for me to work my full notice period as well.

Had I been leaving to work for a competitor, I’d have been escorted off the premises.

 

[dowie]

£400 private Dr, sick note for stress 6 weeks off paid. That if your company gets arsey and refuses to shorten your 3 months.

Doesn't cost that much to see a private GP - more like £80 for an appointment and I'd assume an admin fee of circa £20 for a letter.

Though if being sent home for your notice period is the goal then there are easier ways to achieve that - simply not telling them where you were going would have worked at a previous employer as they'd automatically assume it was a competitor if you're keeping it quiet.

One bloke who wasn't going to a competitor sent around a really sarcastic leaving e-mail and got told to clear his desk and not come back within about 15 minutes of it being sent.

 

[A2Z]

Doesn't cost that much to see a private GP - more like £80 for an appointment and I'd assume an admin fee of circa £20 for a letter.

Though if being sent home for your notice period is the goal then there are easier ways to achieve that - simply not telling them where you were going would have worked at a previous employer as they'd automatically assume it was a competitor if you're keeping it quiet.

One bloke who wasn't going to a competitor sent around a really sarcastic leaving e-mail and got told to clear his desk and not come back within about 15 minutes of it being sent.

I used https://doctap.co.uk/ paid £35 to get my sick note. Took couple weeks off work. Came in very useful..

 

[Rroff]

One bloke who wasn't going to a competitor sent around a really sarcastic leaving e-mail and got told to clear his desk and not come back within about 15 minutes of it being sent.

We had one guy send around a sarcastic leaving message making sure to rub in how much he was going to bigger and better things with lots of self congratulating - lasted 2 weeks in the new role then came begging for his old job back (which he got).

 

[Housey]

I’ve had 1 week to 6 month notice periods. I’ve only had one occasion where I was forced to work my notice period. Pragmatism and some give and take usually works.

 

[bainbridge]

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.

 

[Energize]

It's an equitable contract tbf. After all the statutory notice that the company has to give you in return is one week for every year served.

 

[bainbridge]

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.