Notice period

[Ceebeegee]

Hi,

A bit of a long shot but does anyone have any advice about notice periods? My contract of employment has a very long notice period. See screenshot. I have worked here for 15 years, so I would be required to give 12 weeks notice. It is a very small company (11 staff) and no HR department. My manager, the Managing Director, is not a reasonable person. I am looking to leave. I have interviewed at other businesses twice , and I was offered one position but they withdrew the offer when they found out I had to give 12 weeks notice (they didnt ask that at interview stage).

Am I stuck? An employment contract is a contract, so I don't think I have any way of getting out of a 12 weeks notice period? As mentioned, my manager is not reasonable (which is why I am leaving).

I have no handed in my notice yet. They will take my resignation badly, and make my life hell for 12 weeks. And what new employee would wait 12 weeks for a new starter?

I thought my only option would be to get sacked for gross misconduct, but I dont want that on my record and I dont want to go through the stress of that and damage to my reputation.

If it's relevant, it's an admin /accounts assistant style job.

Honestly it is a fairly standard contractual notice period.

Your option is to either submit your resignation and hope you get something quickly or negotiate a shorter notice period once you secure a job offer.

The extreme option is to resign with immediate effect and refuse to work your notice but that would impact your reference and is not a good look with a new employer unless there are significant reasons like workplace abuse etc.

Thank you @@ThisBlueCrab.
Would there be other impacts of resigning with immediate effect and refusing to work my notice? Could they sue me ?
Ultimately, I don't think I could resign with immediate effect, there is too much to hand over (payroll , banking passwords etc).

I was recently in a similar situation. I spoke to my manager about how unhappy I was and he completely agreed with all of my points and allowed me to negotiate my 3 months notice period to one.

Are you moving to a competitor? If so, it maybe wise for them to reconsider the 3 month notice period.

Ultimately all you can do is be proactive - advise that you will leave AMAZING handover records and tie everything up as best and possible.

I am not a legal expert but my understanding is that companies can technically sue you for not working your full notice period, but in reality many don't to avoid the costs/grief.

They can go after you for breach of contract. It's unlikely they would do so but it is something they could do.

Your beat bet is to try and negotiate a shorter notice period but depending on your relationship with your manager I would also express that you are looking for a new job and ask what options are re notice period.

I’m literally in the same boat. Exactly the same notice period as yours. I’m in an unskilled job but we are currently very short staffed so I doubt I could leave sooner. Like you worry about the 3 months and how would affect a job offer. But from what I’ve read it seems 12 weeks is quite common

Do you need a reference?

I'd be inclined to speak to the people who made the offer and ask them what the option would be if you just left the old place and started with them, what notice period they would be willing to accept and then see what wiggle room you have.

Needing a reference complicates things as that's mainly what employers hold over people but if this isn't needed, all they can do is to withold wages. So if you timed it right you could wait til pay day and just not go back, call in sick etc until they finally give up the ghost.

And what new employee would wait 12 weeks for a new starter? 12 weeks is fairly standard. Depending on where your new job is and what you do, it may take them at least 8 weeks to get you setup in their system. It is not always a quick process.

I am assuming you have/got the option to sign a new contract? Does this have similar notice periods? If not you will be surprised how quickly 12 weeks can go when you have an exit in sight.

Fairly standard in long service but not fairly standard or common unless extremely senior positions as most people do not stay with the same employer for so long. I hope that makes sense.

I have twice left earlier than my notice. Once because I can't read (it seems) and once because I felt the 3 months when others in the same team had one and it wasn't senior and couldn't be covered, I gave one and would have fought it to the death. Neither time has anything been done and both have assured me there would be no come back.

However, from what you say, they may have additional charges based on you leaving that they could sue you for and as the MD is unreasonable, he will at the very least threaten you with it. This is realistically something only you can gauge as to the facts and chances.

It's rare an employer would wait 12 weeks when they could wait 4 with someone equally skilled but it does happen.

I take my last claim back. I just spoke to DH and he said if there's one thing I've learned it's not to rush recruitment so he would wait for the right person. I know some who would and some who wouldn't. I wouldn't.

I have a lot of sympathy for your situation as I ended up with a similar dilemma. A 12-week notice period is not standard in my experience (or in my industry) and I’m kicking myself for not having challenged it when I took my current job 5 months ago.

I’ve been very lucky and have found a new job with an employer who is willing to wait. I’m currently working my notice period and it feels interminable 😭 particularly as I hate the job.

Good luck, I hope you find something else soon.