To think six month notice period is wild?

[ThatRubyRaven]

Looking to sense check something please. I’m a junior director in a property management company. That isn’t quite the title but trying to retain enough anonymity. There are directors and managing directors above me. My job is essentially team leader but has started to expand into a more KPI driven role. The company was bought over and regrettably I have almost no access to a support structure but carry a great deal of risk and responsibility. I worked my way up from an entry ish level position but once promoted 18 months ago I was given next to no support to step up to the role and quickly expected to just know and handle things. It’s become uncomfortable and unsustainable. The business doesn’t seem to want to acknowledge that this is happening. I’ve just been issued with a new contract changing my notice period from two months to six months and a blasé “let us know if you have any questions” but not alluding to the specific changes much, other than that there may be some for alignment purposes. I’ll get an enhanced remuneration package in exchange. It really feels like I’m being trapped into staying put rather than them just making sure good people are adequately supported (I know many feel like that at work now) and want to work there. To me, only experts in their field need to give six months notice - I’m literally a team leader with some focus on growth and income. The job has been affecting my well-being and the six month thing was jarring. I feel it makes me unemployable as businesses can’t often wait that long - not for just a team leader. I know there are much worse problems to have, but please can you tell me what you think of a six month notice period in this context? Is it reasonable? More common than I realise? The new standard? Bonkers?

IANAL and unsure whether I ‘know’ this or it’s just wishful thinking…

But I believe that excessively long notice periods are unenforceable, on the basis that they throttle your ability to change jobs and therefore a restraint on trade.

It’s always worth paying out for an hour’s worth of an employment lawyer’s time to review new contracts. The £250 or so would give you some certainty.

Just tell them you are not agreeing to the change in terms and conditions ... dont sign it

Yeah. So a quick Google suggests I’m talking out of my arse (not unusual)

this seems to be a comprehensive summary:

uk.adp.com/resources/adp-articles-and-insights/articles/a/are-notice-periods-enforceable-in-the-uk.aspx#:~:text=When%20employees%20resign%2C%20they're,employee%20works%20their%20notice%20period.

Li don't think an employer can unilaterally change your contract of employment without your agreement

Three months is the standard for more senior positions (and already bad enough) but 6 months is just ridiculous as it will really trap you in the job. Is it mutual? ie do they have to give you 6 months notice in case of redundancy? Also check restrictive covenant clauses as it's likely they would have added more restrictions there too. It's cheeky of them and I don't think they're allowed to do this.

Agree pay £250 to an employment lawyer to check the contract.
It sounds insane.
Also, do you want to keep working there?

In my experience 6 months is usually asked from higher management and above.
As others have said, check what notice they need to give you for redundancy. It's it's less than 6 then that would be my main point to get it reduced.
Realistically though, every job I've had has been flexible with end dates. But then I've always left in a decent light so to speak.

Short edit/update:

Thanks to those who suggested legal advice. I did enquire with a firm earlier today and waiting to hear back. If it’s around the £250 mark or even a bit more then I’ll def do it.

To answer one of the questions, no I don’t particularly want to keep working there under the circumstances prior to the new contract. It’s more a timing thing. I wanted to get a few ducks in a row before doing anything as I’m anticipating a salary cut and maybe a job more aligned with what matters to me.

Really good advice and I’ll check that. Thank you.

Going to check this. Thanks for highlighting.

Why not speak to ACAS before spending money on a solicitor?

www.acas.org.uk/contact

Sorry, further update.

The contract doesn’t use the term redundancy, but makes mention of a list of reasons where they can terminate without notice and it goes beyond gross misconduct. For example it states that if they believe I have been negligent or incompetent in the performance of my duties; I’m not sure if this means they don’t even have to try to performance manage or support before termination.

Furthermore, there is a clause titled payment in lieu of notice that says they may terminate the appointment at any time and with immediate effect by notifying me that they are exercising their right under this clause and that they will make 28 days payment in lieu of notice to me. So that sounds like they only have to give me four weeks notice if I’m understanding correctly. I think I definitely need to seek some advice.

Hell no. I would not be signing that.

Thank you, I’ll have a look at this.

I would NOT be signing this….

Don't worry about it, our company went through this. Managers were placed on contracts with minimum 3mths notice, but a couple of them later gave 1mths notice. HR told us we couldn't do anything about it as they'd been paid for what they'd worked, no more and no less. In other words our company wouldn't sue them or pursue them as there was literally nothing to gain.

On the bright side, if you accept the new contract and were made redundant for some reason, 6 months notice would be included in your package. So it’s not all bad…

Yeah, that doesn’t sound right!

As others recommend, get legal advice. But you also need to realize that the clock has started ticking on this. If you refuse to sign they can let you go under your current notice. If you continue to work there, they could also deem that you have, by default, accepted the new conditions, even if you haven't signed. You need to decide how much of a deal breaker this is.

I’ve got a 6 month notice period (senior leadership in a global company) and am a lawyer by trade. I think it’s pretty standard in senior roles - I would think it’s most likely enforceable, unless it’s disproportionate to the actual seniority of the role. I’d be realistic about what you’ll get from legal advice because it’s going to be caveated rather than black and white. My take when accepting 6 months was

• I’ve rarely known corporates enforce them because of costs, reputation, uncertainty, etc
• its nuts to keep unhappy checked out people around that long and a shorter period is usually offered if you want/need it
• If you don’t, it’s a nice high base to start negotiating PILON on termination or garden leave

My biggest consideration would be whether it’s reasonable for the role or whether the employer is overreaching to make it harder for you to leave.

Don't sign new contract unless you want the payrise, I guess!

I think previous contract should be protected under TUPE but I am not very knowledgeable on employment law....

Transfer of Undertakings (Protection of Employment) (TUPE) regulations protect employee rights when a business or service changes owners, ensuring terms, conditions, and continuity of service transfer to the new employer. It applies to business sales and service provision changes (e.g., outsourcing/contracting), automatically transferring staff to the new employer.

That’s a useful insight, thank you. Certainly gives some helpful perspective.

I think you'd be hard-pressed to get anyone to stick around for more than three months as a new employer wouldn't likely want to wait that long for the new person to start. Companies sometimes pay gardening leave when they don't want senior staff to take any key information with them or be able to approach competitors for a time in more competitive fields but it's really hard to hold people to long notice periods and you certainly can't make them actually work.

It sounds as though there are other concerns with the contract - compare it clause by clause with the Acas one.

Have you been there long enough for redundancy? If so, and you're minded to shop around for a new job anyway, can you just decline to sign? Do you have to tell them you're working "under protest" while it's being sorted?

IAAL - It is becoming more and more common for more senior employees.