Notice Periods

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Topic started by Keith BN (keithy)

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A topic from Work & Money: Employment

keithyTue 29/04/08 10:07		Just a general sort of musing at the moment, but here goes. Most employment contracts specify a notice period which either side must give when terminating the contract (for the sake of argument we'll exclude things like instant dismissal for gross misconduct from the remit of these musings). When a company decides they wish to get rid, but they want rid immediately, they can do this by giving you money in lieu of notice - e.g. you are on a 1 month notice period, so they can let you go today and pay you 1 month's salary instead of giving you 1 month's notice. All fine and legal and above board. Now, consider things the other way round. Suppose someone wished to leave, can the company hold them to their contract, or could the employee do the same effectively as the employer - leave immediately and just not get paid for the 1 month (which they are not working anyway)? And suppose someone was on a contract which required 3 months notice on either side - again, is there anything which can be done legally to shorten that should someone decide to leave and not wish to have to work all 3 months, for example? (Short of aiming for Gross Misconduct, of course!) Anyone got any thoughts they'd care to share on this purely hypothetical musing?
#89298Tue 29/04/08 10:10		quoting > "Suppose someone wished to leave, can the company hold them to their contract, or could the employee do the same effectively as the employer - leave immediately and just not get paid for the 1 month (which they are not working anyway)? And suppose someone was on a contract which required 3 months notice on either side - again, is there anything which can be done legally to shorten that should someone decide to leave and not wish to have to work all 3 months, for example?" It would have to be with their agreement, naturally. You can walk out, and they have to pay you for all the time you have worked, but there will be no goodwill. The other option is to tell them you are working for a competitor and you might get walked. And paid... !
#37154Tue 29/04/08 10:12		I have just been through a similar thing. I am on a 3 month contract. I handed my noticed in. I managed to get it shortened to 2 months. That was because: 1) I had a suitable replacement. 2) It was an amicable parting so we come to a fair agreement. I know this might not be possible in said position but just wanted to let you know what I did.
keithyTue 29/04/08 10:22		Suppose the parting was less than amicable and the company wanted to be awkward about it and refused to negotiate down from 3 months (again, hypothetically). Any thoughts?

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