12 week notice period

[sim667]

That is irrelevant to the attitude of "if working remotely you don't have to work", don't get me wrong I'm not about sitting at a desk at home 9-5 it's about outcomes, but the attitude is plain wrong.

As for the notice period, if you don't like it don't sign up for it, I have negotiatied plenty back to 1 month, but don't forget it works both ways, 12 weeks is great if they lay you off....... (assumed reciprocal which most are).

I wasn't suggesting it as an attitude to take, I was suggesting it as a resolution to this specific scenario when faced with an highly unreasonable notice period. Most employers will want someone to start a new job in a month, 12 weeks as a notice period is specifically to try and stop people from leaving your company in order to find better jobs, which is not only unreasonable, its immoral.

As taz has already said, the notice period was changed after he had already been in the job 18 months, and expecting someone to either leave with no notice due to a forced changed in contract within 18 months of getting a new job is also unreasonable and immoral.

Employees do not owe employers anything, they are trading their time for incentive. The sooner that attitude permeates working culture, the better workers rights will become.

[sim667]

its actually not uncommon for senior staff / managers or for employees with a role that can be considered critical to the company and / or difficult to replace ( eg those with a specialised skillset or requirements for security vetting) 12 weeks gives the employer chance to put alternate in place .

OP has already said that he is difficut to replace and in previous thread ( his link) he mentioned that -- " it is a very niche market and only a very few people do it at this level and I am very well placed "

That's the employers problem, not Taz's.

The notice period would have formed part of the initial offer / contract that he received so should have been raised at that point if it was a true concern. As others have said, 12 weeks is a nice pay off if terminated.


However, if the workload requirement / expectations from company have changed significantly or if they have failed to put inplace appropriate support then there is room for - eg company has not fulfilled its obligtion ( or role changed without agreement) and therefore notice period could be negotiated

in the past I had a job subject to 12 weeks notice period. It was great. Lined up new job with agreed start date, resigned, carried out handover to new guy for a few weeks then had several weeks on full pay "gardening leave" to chill before starting with new employer.

Taz has said the change to 12 week notice period was forced on him after working there for 18 months.

[John63]

[/I]That's the employers problem, not Tazs

It’s the reason for 12 months notice and is his problem if he accepted - whether immediately or through a subsequent change.

Taz has said the change to 12 week notice period was forced on him after working there for 18 months.

He posted that after my post and didn’t actually use the term “forced”.

As I read it, after working at the company for over a year and understanding the new demands on his working time he received changed terms, with which he did not argue or raise issue with at that time,( maybe he did but doesn’t say so ) he put his name on them and sent back by ( company ?) email.

I think that would be construed as acceptance as emails now do constitute legal documents.

Just my opinion though as I am not an employment lawyer and not up to date with the nuances of UK employment law.

I hope he gets the matter sorted.

[sim667]

It’s the reason for 12 months notice and is his problem if he accepted - whether immediately or through a subsequent change.



He posted that after my post and didn’t actually use the term “forced”.

As I read it, after working at the company for over a year and understanding the new demands on his working time he received changed terms, with which he did not argue or raise issue with at that time,( maybe he did but doesn’t say so ) he put his name on them and sent back by ( company ?) email.

I think that would be construed as acceptance as emails now do constitute legal documents.

Just my opinion though as I am not an employment lawyer and not up to date with the nuances of UK employment law.

I hope he gets the matter sorted.

If they're changing the terms of employment after employment is started, you're effectively forced to take it if you've no other job to leave to go to straightaway.

So yeah, in short, he doesn't really owe them anything, the main interest is either completing his notice or getting out of his notice period with the minimum of impact to himself.

[Moleshome]

A few years ago my company decided to send out new contracts of employment that stated all people above a certain grade now needed to give three month's notice.

After a couple of months HR started chasing me to sign it, "Umm, no thanks I'm happy with the current situation where you have to give me three months and I give you one." "We wouldn't hold you to it" they said, "We'd only insist on one month". "That's ok then, no need to change anything"

I believe that actually whether I signed it or not is irrelevant, by continuing to turn up at work and accept payment for doing so I am deemed to have accepted the new terms.

[UnCheeky Monkey]

A few years ago my company decided to send out new contracts of employment that stated all people above a certain grade now needed to give three month's notice.

After a couple of months HR started chasing me to sign it, "Umm, no thanks I'm happy with the current situation where you have to give me three months and I give you one." "We wouldn't hold you to it" they said, "We'd only insist on one month". "That's ok then, no need to change anything"

I believe that actually whether I signed it or not is irrelevant, by continuing to turn up at work and accept payment for doing so I am deemed to have accepted the new terms.

not so sure about that - you expressly rejected the new terms

[taz]

Hi guys

I was not forced to sign the 12 weeks clause, it was part of my previous jobs term and conditions and in principle I'm not against it, I did sign it.

So thanks for the advice guys, I think I know my options and I'm not the kind of person who puts his head too high above the parapet. I just do what's expected and get on with it.

So if the company felt so aggrieved they could choose to chase me financially but they could not stop me leaving.

The same company are quite corporate and they have been known to make decisions that prove staff are payroll numbers and not people. They made about 20 people redundant with a month's notice but made effective instantly the 2nd week before Christmas and a few months ago they made two administrators redundant with immediate effect and they were basically escorted out of the office.

I'm mobile so have no ties to the office and as good as I have been treated I do have to earn my keep and I have more and more out on me and my area can include me working Birmingham, Bristol, London and Edinburgh.

So in short they are a corporate company and they might take exception to the short notice so it is something that I do have to take into consideration.

I do appreciate the advice guys and it has helped to clarify my position.

😀
taz.

[UnCheeky Monkey]

So if the company felt so aggrieved they could choose to chase me financially but they could not stop me leaving.

they could potentially stop you starting somewhere else for 12 weeks though - if they wanted to go that route

here is a recent example https://www.bailii.org/cgi-bin/forma...2017/1321.html

[jamesp]

not so sure about that - you expressly rejected the new terms

Tell Borris that!

Friend of mine was an IT contractor at a bank, after many months as a contractor, they sent him a permanent contract. I believe it was tied into the IR35/ sole employer mess.

He ignored them for several months, until they did the still turning up=acceptance routine.


Then he went somewhere else.

[Mikael]

Taz, could you talk to your two new prospective employers and get one of them to agree to a start in three months time but with the promise that if you can get away earlier you will start earlier? Then go to your current employer and see what can be done. Either way you'll be covered.