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Original poster

3 month notice on contract

33 replies

Danglyspider · 03/09/2018 21:39

DH has been employed by current employer for over 10 years now, in a non-management position. They frequently give him unreasonable deadlines, give him more responsibilities, and too much work to get done. Like a lot of people, he had a 10% pay cut in 2010, and hasn't had a bonus or a pay rise since then. And he finds the work really dull, and to be honest, I would too. (I know, it's called work for a reason, but he got into this industry because he wanted to do something he enjoys doing, and it's really not the case with the type of work he carries out.)
The thing is, is that he would look for another job, but they made him sign a contract which states that he has to give 3 months notice. i'm not sure, but this doesn't seem legal to me. I realise that as I've been self-employed for most of my career, that I may just be being naive, but I've just had a chat with DH about it, and he said of course it's legal otherwise they wouldn't have done it. Can anyone help to set me straight on this?

OP posts:
flowery · 03/09/2018 21:40

On what basis do you think 3 months’ notice isn’t legal?

Chewbecca · 03/09/2018 21:42

I'm on 3m notice too. Reasonably normal, the business is protecting itself.

cucumbergin · 03/09/2018 21:42

3 months notice is entirely legal. Not as common as 1 month, but legal.

Is he in an industry where other employers will expect 3 months notice?

Sugarhunnyicedtea · 03/09/2018 21:44

3 months on my contract after 2 years employment. I'm not sure why it wouldn't be legal?

LastOneDancing · 03/09/2018 21:44

Many professional jobs have a 3 month notice period. They need that time to find & train a replacement.

I negotiated mine down to 2 months when I found a new job, but I'd have been legally required to fulfill it if I'd been unsuccessful.

New employers will wait for the right candidate.

Loraline · 03/09/2018 21:45

I'm on 3 months too. Entirely legal

Original poster
Danglyspider · 03/09/2018 21:46

ok, then, my mistake. I just thought it was normal to only have to give 1 month's notice.
As far as I know, cucumber, DH just thinks there's no way he can get a job elsewhere if he has to give 3 months notice to his current employer.

OP posts:
cheesefield · 03/09/2018 21:46

It's 3 months at my office.

Singlenotsingle · 03/09/2018 21:46

Absolutely legal and quite common.

RavenLG · 03/09/2018 21:48

It’s perfectly normal. He will just need to state he has a 3 month notice period when applying for new jobs

C0untDucku1a · 03/09/2018 21:50

If i hand in my notice on the 1st of june i can’t leave until the 31st of december.

Milkmonster2 · 03/09/2018 21:50

3 months for me too.

EBearhug · 04/09/2018 00:19

Lots of places have 3 months - mine does. It's sometimes possible to negotiate a quicker departure. But I wouldn't worry about it, it shouldn’t be a block for looking elsewhere.

ceeveebee · 04/09/2018 00:22

Ive has 3 month notice for years now and totally expect the same for anyone I recruit, it’s just the way it is in a lot of sectors and for senior managers (all our senior team are on 6 or 12 months!)

cucumbergin · 04/09/2018 03:46

He sounds a bit ground down tbh Dangly - if he's been in a place which has that little respect for their staff for 10+ years that's not surprising.

It won't hurt him to test the waters and apply. He might well be pleasantly surprised.

ProseccoPoppy · 04/09/2018 04:23

It honestly won’t be a bar. In certain sectors/professions you’d expect a three month notice period at any level and in many sectors you’d expect three months or more once at a high enough level. This is totally normal - which means the recruiting company would expect that their new hire won’t be available right away. (FWIW my notice period started at 3 months but gets longer as I am there longer - the logic being that a longer term employee is harder to replace - I don’t think that is unusual). Hope your DH finds a much nicer new job soon.

inquiquotiokixul · 04/09/2018 04:34

It's perfectly normal and doesn't prevent you getting a new job. It can even help, if you spin it as 'due to the complexity and responsibility of my current role and the difficulties inherent in recruiting someone of my skill and experience level, my current employers need a minimum of 3 months notice'

In reality employers will often agree to release an employee at less than the official notice period especially if the notice period doesn't include the busiest time of year for the industry.

Thatsfuckingshit · 04/09/2018 04:38

In my industry it's the norm. If you are staying in the industry, you go on immediate gardening leave because you would be working with a competitor.

But most competitors do the same so entirely expect it.

Chances are that if dh wanted to move company, they would be used to it

Stuckforthefourthtime · 04/09/2018 05:13

Agree with others. I'm on 3 month's notice - it is annoying but also can protect the employee, if he were let go or if his role were made redundant he would also get paid for this. It's also quite nice if you move within the same industry, as it means 3 month's gardening leave on full pay and benefits!

Like others have said, if he leaves to take a role in another industry then in practice they may be happy to negotiate a lower notice period depending on what cover there is.

Aridane · 04/09/2018 05:33

count - I have never seen a 7month notice,period,before, - 6 months and 12 months, but not 7

Pittcuecothecookbook · 04/09/2018 05:41

Count is presumably a headteacher (or works in a school) where if he/she gives her notice in one term, her notice ends at the end of the following term...I guess?

EmmaGrundyForPM · 04/09/2018 05:48

I'm on 3 months notice as are most of my colleagues. Admin/business support type roles are 1 month.

DH used to have a 6 month notice period but when he left they only held him to 3 months.

NicoAndTheNiners · 04/09/2018 06:27

Yes, I’m 3mo this.

Dh is 6 months but that would be 6 months gardening leave which I don’t really understand why they wouldn’t just let him go Immediatly Rather than pay him to do nothing for six months!

Satsumaeater · 04/09/2018 14:26

As others have said, 3 months is normal. But if your DH finds another job he may be able to negotiate it down. In both cases when I've left jobs where I had 3 month notice periods, I've negotiated them down to about 7 weeks.

Current notice period is 2 months.

C0untDucku1a · 04/09/2018 22:09

Aridane good for you. Hmm

Yes in teaching you can leave at the end of each term, with the laat day of the half-term being the cut off day. 31st of may is the cut-off for leaving 31st of august. Next point to leave is the 31st of december. Of course there are always cases were the governors will let you go earlier. But thy don’t have to.