Crunch day

Chat about anything here
User avatar

Silver_Shiney
Deputy Captain
Deputy Captain
Posts: 6400
Joined: January 2013
Location: Bradley Stoke

Re: Crunch day

Unread post by Silver_Shiney »

sumdumbloke wrote:
You may have other reasons for not wanting to do it this way, but notice periods are almost impossible to enforce other than if agreed to in very specific contractual terms. If it came to an attempt to legally hold you to a general notice term, in circumstances such as you've described. they would almost certainly fail.
When I retired from the RAF, I signed up to a contract that required two months notice if I wanted to leave. I didn't know any better - people at my level do not give two months notice, only one. When the time came, the company tried to hold me to it. I went for loads of job interviews and I could tell they wanted me but when I said I had to give two month's notice, no-one was interested. A job agency I was signed up with said that I had to bite the bullet and give just one month's notice, which I did. My line manager put in a word for me and they eventually said that, provided a replacement was in place, they wouldn't even hold me to the one month.

Offering to give up two month's salary in lieu would, I think, be the best option, although, assuming that the new job want you in one month, then negotiate for one month, which gives them time to find someone and you time to make any handover notes you feel appropriate.
Alan

Q-CC-KOS
Q-CC-TBM

User avatar

HK phooey
Senior Second Officer
Senior Second Officer
Posts: 794
Joined: February 2013

Re: Crunch day

Unread post by HK phooey »

Brilliant news Ken, well done :)

ps, now you are quids in, can my children have that Dough Hyde Waltzer that's doing nowt on your kitchen table?


sumdumbloke
Third Officer
Third Officer
Posts: 102
Joined: January 2013

Re: Crunch day

Unread post by sumdumbloke »

Silver_Shiney wrote:
sumdumbloke wrote:
You may have other reasons for not wanting to do it this way, but notice periods are almost impossible to enforce other than if agreed to in very specific contractual terms. If it came to an attempt to legally hold you to a general notice term, in circumstances such as you've described. they would almost certainly fail.
When I retired from the RAF, I signed up to a contract that required two months notice if I wanted to leave. I didn't know any better - people at my level do not give two months notice, only one. When the time came, the company tried to hold me to it. I went for loads of job interviews and I could tell they wanted me but when I said I had to give two month's notice, no-one was interested. A job agency I was signed up with said that I had to bite the bullet and give just one month's notice, which I did. My line manager put in a word for me and they eventually said that, provided a replacement was in place, they wouldn't even hold me to the one month.

Offering to give up two month's salary in lieu would, I think, be the best option, although, assuming that the new job want you in one month, then negotiate for one month, which gives them time to find someone and you time to make any handover notes you feel appropriate.

It's exactly the circumstances you've outlined that cause courts see it as a restraint rather than a contractual term of specific value to the employer. There are of course exceptions such as a growing/thriving business being threatened by being unable to replace someone in time, or where notice period is a specific contractual clause but the circumstances described in the OP do not fit this. Very few cases ever reach courts because the advice to employers thinking about trying to enforce general notice periods will be clear.


Boris+
Senior First Officer
Senior First Officer
Posts: 3367
Joined: February 2013

Re: Crunch day

Unread post by Boris+ »

Hi Ken,

Just returned home from a trip away - and found your news. I sincerely hope that all goes smoothly from now on, and wish you both calm seas and plain sailing.

Em :)

User avatar

Dark Knight
Deputy Captain
Deputy Captain
Posts: 5119
Joined: January 2013
Location: East Hull

Re: Crunch day

Unread post by Dark Knight »

well done Ken, but the sex change op was more fun
Nihil Obstat

User avatar

Suekersh
First Officer
First Officer
Posts: 1609
Joined: January 2013
Location: Lancashire

Re: Crunch day

Unread post by Suekersh »

Brilliant news Ken. Hope all works out for you.

Sue

User avatar

david63
Site Admin
Site Admin
Posts: 10933
Joined: January 2012
Location: Lancashire

Re: Crunch day

Unread post by david63 »

After all the bad luck you have had over the last 18 months you deserve some good news for a change.

As for notice I believe that unless you have aspecific contract stating two months then this is one time where the law is on the side of the employee and you only have to give one month's notice

User avatar

Manoverboard
Ex Team Member
Posts: 13014
Joined: January 2013
Location: Dorset

Re: Crunch day

Unread post by Manoverboard »

The laws relating to redundancy payments may however be more complicated.

For example I was on a monthly contract but had to serve 12 weeks notice to satisfy the terms and conditions required to get all the benefits arising from being made redundant.

I didn't need to turn up for the days at the end where holiday entitlement came into play, other than that there was no escaping ... for me at that time.
Keep smiling, it's good for your well being

User avatar

Gill W
Senior First Officer
Senior First Officer
Posts: 4897
Joined: January 2013
Location: Kent

Re: Crunch day

Unread post by Gill W »

Congratulations on your new job
Gill

User avatar

Debbie W
Second Officer
Second Officer
Posts: 302
Joined: January 2013

Re: Crunch day

Unread post by Debbie W »

Great news Ken! It's about time you had good news after everything that's happened.

Debs x

User avatar

RB1961
Senior Second Officer
Senior Second Officer
Posts: 456
Joined: January 2013
Location: South Northants

Re: Crunch day

Unread post by RB1961 »

Well done Ken.

User avatar

Topic author
Kendhni
Ex Team Member
Posts: 6520
Joined: January 2013

Re: Crunch day

Unread post by Kendhni »

Thanks guys, still negotiating with the company.
Under the old contract it was 1 months notice for the first year but under the new contract it was one months notice for the first 6 months then moving to 2 months ... I suppose that is a positive move for most employees. I am still trying to get the company to negotiate with me about the 2 month period ... if worst comes to worse I am even willing to sacrifice the current months pay.

User avatar

The Invigilator
Second Officer
Second Officer
Posts: 320
Joined: January 2013

Re: Crunch day

Unread post by The Invigilator »

Brilliant news Ken well done :D :thumbup:

Return to “General Chat”