Notice periods

[slithytove]

Hi,

I am due to return to a job after 2 years of absence, necessitating a full retrain.

My contract states 3 months notice.

If I gave 3 months notice before my return date, could they make me leave earlier? Legally it's only 1 months notice.

And in anyone's learned opinion, if I gave 3 months notice, but only 2 months before my return date, do you think they would make me come back for the one month? There is ALOT of expensive training needed. Or do you think they would place me on gardening leave?

I'm not sure what you mean by 'legally it's only 1 month'. Are you thinking about the minimum statutory notice? If so, it's only a minimum and your contract can specify a greater period of notice. If your contract says three months, that's what you have to give.

Ok.
So with that in mind, does anyone think that after 2 years, they would have me back for the sake of one month? Or just put me on gardening leave?

So you've taken two years leave, during which time your employers have held a job open for you?

You have no intention of returning and want to save them the bother and expense of retraining you?

Just resign now.

They are within their rights to insist you work your notice period but if you refuse to there's probably not much they will do.

Morally I couldn't take paid notice without contributing something, but you may have a back story.

I'll return if I can't find another job...

And there is a back story yes, rendering morals irrelevant. But I didn't mention paid leave.

I'm looking for a job and the one I might get offered have specified a start date in 8 weeks.

Which if I have to give 3 months notice, I can't take.

But I might not get offered this job.

Legally they could sue you for breach of contract. It is extremely unlikely they will.

Would you rely on them for a reference?

Is your potential new employer a competitor and if so does your contract exclude you from working for a competitor during your notice period?

3 months notice is usually negotiable. They will probably let you go. Especially if it avoids them having to pay for expensive retraining for you. Go for this other job and hope for the best. If you get the job, open negotiations.

Even if negotiations fail, a contract doesn't force you into indentured slavery. You could still start the new job and the absolute worst the old employer would be likely to do would be to write on any future reference that you broke the terms of your contract by giving insufficient notice. It's much more likely that you'd be released happily and with their blessing.

Not a competitor. Same industry different product. No restrictions.
Yes I need a reference from them.

I was hoping to not tell them, just that they wouldn't want me back for the sake of a month.

I suspect they will be very happy if I resign, we don't have a happy history. Grievances, sackings, etc.

I will pursue this other job and give shorter notice if I get it, and see what they say. Should find out soon.