To think 3 months is too long?

[AccidentalKylie]

I started a job in January. For various reasons, I've felt the job wasn't for me, and have decided to quit after being offered additional hours at another job (I also have an interview for a job that's a much better fit for my skill set, and round the corner from my house, on Tuesday!)

I spoke to my manager yesterday and she was lovely - said she would be sad to see me go but understood my reasons, and was just generally very helpful - she put some time in the diary to chat things through on Monday, to see where I was at with various projects and, I assumed, organise a bit of a handover. Great.

Until she said 'you do realise you've got to work 3 months notice, right?'

Um. No?

As far as I'm aware, I'm still on 'probation', so the usual notice period wouldn't apply - right?

It's a small industry and a great company, so I don't want to burn any bridges. I'm happy to see some of the work I've been doing through to the end, and don't want to leave them in the lurch.

But 3 months is a lot (especially if I get offered the other job on Tuesday) - it's longer than I've worked there! - and I don't really know what to do?

No one can answer this for you. You need to look at your contract.

Look at your contract, but you should still be under probation, which means you can leave anytime.

I agree - it depends on your contract, but it would be standard to have 3 months probation during which notice on either side is one or two weeks.

My DP had to work a 3 month notice and he has a 3 month notice on his current job. I know quite a few people who have 3 month notice, I thought that was the norm

I'd understand being held to 3 months notice if I'd worked there for 20 years - but it's been just over 2 months! Will have to dig my contract out. Feel like an idiot for starting the job in the first place.

Yep, contract first :) Only then will you know what it is.

I had job where they put that in everyone’s contract but never actually expected it. No one did it. I just gave a month and they didn’t argue.

It’s frustrating to have 3 months as standard. It should only be for certain senior roles I think.

But as others have said, you might be covered by probation period.

3 months within the probation period is ridiculous. If they wanted rid of you they wouldn't want to commit to keeping you, or at least paying you, for 3 months, they'd want you gone in a week or two and it should work both ways.

If you under probation/very junior role you can argue that the probation period is an unfair term. Look up unfair contract terms, probation period and, contract of employment on google (or nexus/west law I’d yog have access) and see if anything comes up.

It's not obvious that notice periods over a month are enforceable in any practical way. Yes, they have the option for the last month to withhold your last pay packet, but after that they would have to show an actual loss, and would have to either sue you for damages or attempt to obtain an injunction preventing you from working elsewhere. Under the circumstances you describe it seems unlikely an employer would (a) be stupid enough to try and (b) convincing enough to succeed.

It's also worth noting that if they want to try to force you to work the three months then (a) they have to find you meaningful work at grade within the field you were employed in, because otherwise it's essentially constructive dismissal and in any event invalidates their claim for damages above and (b) they need to think very carefully what they're planning to do if you arrive with a book, park your feet on the desk and drink coffee. They could sack you, I suppose...

Not sure why you’d post here before checking your contract.