3 months notice

(29 Posts)
Fuckmyliferightnow Fri 25-Sep-20 18:22:13

I have been offered a job, my current employer is asking for 3 months notice.
I am not senior and I'm a minimum wage employee.
Can I give them the start date of my new employment and request I leave before then?
I think 3 months is unreasonable and my current employer have caused me untold stress, I need to get out.
Is there a way around this? Pls help.

OP’s posts: |
BlackAmericanoNoSugar Fri 25-Sep-20 18:24:36

What does your contract say? If it’s not specified then they can’t just decide to make it three months without your agreement.

Fuckmyliferightnow Fri 25-Sep-20 18:29:12

It says 1 month during probation period, then 3 months after that.
Normally this much notice is for much more senior levels. I am a minimum wage employee.
Is there a way around this? Can I just walk out? Can I request they let me leave sooner?

OP’s posts: |
Si1ver Fri 25-Sep-20 18:30:14

You need to check your contract. If you don't have one I think a week is usually enough.

I'm working a (contractual) three month notice period at the moment, but the expectation is that the company will negotiate it down with me to suit us both.

Ronia Fri 25-Sep-20 18:32:31

You may think it's unreasonable but it's what's in your contract so the ship sailed on that one when you signed it.

LivingoffCoffee Fri 25-Sep-20 18:35:14

If it's in your contract, sorry that's what it is. You can always ask if you could have a shorter period, but they are under no obligation to agree

emilyfrost Fri 25-Sep-20 18:37:53

Ronia

You may think it's unreasonable but it's what's in your contract so the ship sailed on that one when you signed it.

This.

Fuckmyliferightnow Fri 25-Sep-20 18:39:47

I thought by law I could give 1 one weeks notice.

OP’s posts: |
anonacatchat Fri 25-Sep-20 18:41:20

A contract is a contract .

They may be willing to negotiate . Do you have any holiday you can use to reduce it ?

WeAllHaveWings Fri 25-Sep-20 18:45:42

Stating the obvious, don't sign contracts if you don't agree with them. Have you agreed to a 3 month notice with your next job too?

You can ask to leave early.

If they say no, you can walk out and take the consequences.

dooratheexplorer Fri 25-Sep-20 18:51:48

You signed a contract....

I was offered a job once with three months notice (from me) and one month (from the employer). They wouldn't negotiate so I turned it down. It didn't bode well as far as I was concerned!

flowery Fri 25-Sep-20 19:12:41

The minimum you have to give if you don't have anything in your contract is a week. If your contract says more, that's what applies.

However you can certainly ask to be released early, and often they'll do that, especially if they're cost-cutting as many employers are now.

If they insist you work the full three months, you could just walk out. They can't literally drag you into work.

It would be a breach of contract but as you are only a minimum wage employee they are incredibly unlikely to take any kind of legal action or anything like that. You may ruin any future reference from them though.

Fuckmyliferightnow Fri 25-Sep-20 19:18:03

This is what I want to know really. What are the consequences of walking out?

I can only ask them shorten the notice, but given the bullying that's taken place previously, I'm pretty sure they wouldn't.

OP’s posts: |
topcat2014 Fri 25-Sep-20 19:24:24

OP, (and I mean this respectfully) what work is it you do that is minimum wage but with 3 months notice?

There is very little an employer can do if someone stops coming in to work - certainly for what would be a fairly standard job.

You run the risk of a poor reference, or no reference, but very little else.

This is why agencies exist to fill these gaps.

Fuckmyliferightnow Fri 25-Sep-20 21:34:04

It's actually quite a technical/ science role, but the company pay very very low wages.
I'm on the lowest pay band.

There's a lot of unfairness in my work place.
Which is why I need to get out asap!

OP’s posts: |
ProfessorSlocombe Fri 25-Sep-20 21:36:53

dooratheexplorer

You signed a contract....

I was offered a job once with three months notice (from me) and one month (from the employer). They wouldn't negotiate so I turned it down. It didn't bode well as far as I was concerned!

I'd be surprised if an asymmetric notice period would be upheld by a tribunal unless there was a hefty pay packet involved. Much like non-compete clauses.

Fuckmyliferightnow Fri 25-Sep-20 21:39:31

I've not heard of those clauses.

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thewinkingprawn Fri 25-Sep-20 21:42:53

The reality outside of Mumsnet is that if you are doing a low paid job they are never going to bother taking you to court for breach of contract if you walk out. Absolute best thing to do is to tell them whet you would like - they should be fine - no one wants an u happy employee hanging about not doing much and demotivating everyone else but if they do say no then they won’t be bothered if the cost of following it up if you never return. Reality rather than theoretical Mumsnet.

madnessitellyou Fri 25-Sep-20 21:48:07

Op just ask - the likelihood is that they will release you from your contract early. I did exactly that a couple of months ago.

Fuckmyliferightnow Fri 25-Sep-20 22:49:52

I agree. I think it's best for everyone if they let me go.

Well I can only hope they do everyone a favour, but they're not know for being helpful or reasonable confused

OP’s posts: |
WeAllHaveWings Sun 27-Sep-20 10:07:56

It's actually quite a technical/ science role, but the company pay very very low wages.

This will be why they have a 3 month notice period as skilled jobs take longer to fill. The low wage is irrelevant. They may also need to play the game internally, I have been challenged by HR / further up the chain before if I really need a replacement in my team at all if I am so willing to let someone leave early. It also sets a precedent for others which HR sometimes doesn't like.

Realistically the only consequences will be no reference.

Try to negotiate a reduction face to face (or over zoom), don't say pay is too low so notice is unfair, you need to keep them on side. Say you have loved working there but you really need to leave because <some family issue/white lie that needs you at another location/different hours/increase salary if it is sunstantial as dp laid off etc>, offer to do anything you can to resolve the issues they may have (thorough handover, notes will be typed up before you go, extra hours to help out, complete current work etc).

Do you have holidays left you can use?

ProfessorSlocombe Sun 27-Sep-20 10:53:41

Realistically the only consequences will be no reference.

hardly the end of the world given that some employers don't give references at all anyway.

Thack Sun 27-Sep-20 11:03:19

They can't physically force you to turn in for your notice period. They might be able to withhold pay though. I'm not sure on the legals of that, so an exit after payday might be better.

Speak to them about it. My last place agreed to an earlier finish, it made sense as it was the end of the holiday year and I pointed out to them that I was unhappy, unproductive so they would get more value from a new employee.

I wrote my resignation along the lines of:
This is my leave date. Happy to discuss. If you don't respond in writing by [date around a week later] then I will take this as accepted.
I said this verbally too, so I was respectful but firm. I gave 2/3 months.

Fuckmyliferightnow Sun 27-Sep-20 15:02:01

My circumstances have changed and are causing me a lot of stress, my boss knows this.
Also I work in a very toxic environment with a bully which has caused me a lot stress, my boss also knows about this.
They have also been very unreasonable with regards to my hours/ ann leave during lockdown when I didn't have childcare and was told they would have to rethink my position if it doesn't resolve. This caused me so much upset I had to take time off with stress. As a result I have no annual leave left.
My mental health has rapidly declined because of these issues hence the reason me looking for another job in the first place.
My boss is aware of my mental health and has failed to support me, occupational health and HR have been involved before as they wouldn't budge or support me.

OP’s posts: |
emilyfrost Sun 27-Sep-20 15:05:41

They have also been very unreasonable with regards to my hours/ ann leave during lockdown when I didn't have childcare

Your childcare issues are not your employers problem; they’re yours to sort out regardless of the circumstances.

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