Is there anyway of reducing the notice period I am under?
Clearly this not about upsetting my employer, that is going to be the case, but can they have any ‘comeback’ if I want to leave sooner?
Currently my contract says 3 months(!) but that is too slow for prospective new employer…

they can sue you if you don’t work 3 months.

In practice, if you can negotiate somethign shorter then that’s ok.

depends on the job you’re going to and how much it competes with your existing one and also how the people you work for feel about these things.

One thing – if the boot was on the other foot you’d be demandign 3 months pay before you’d walk out the door at their request so it’s not unreasonable for them to expect the same in return.

Mutual agreement?

Currently my contract says 3 months(!) but that is too slow for prospective new employer…

Have you an actual offer letter, or are they just saying that if they offered they’d like you earlier?

b r – Conversation, offer to be mutually agreed, we are haggling a couple of terms, but I have a final verbal and email offer to consider tonight.

Not an employment legal boffin, but I was under the impression that they can’t actually force you to work a notice period….the flip side is they just won’t pay you for it.

In any case why would they want to keep you around for 3 months – not as if you’re actually going to do any productive work for them in that period!

not as if you’re actually going to do any productive work for them in that period!

I hope my employer and team would not see any difference in my productivity or attitude. Maybe I am just old fashioned in having some integrity.

I believe if you are contractually obliged to work three months then they can force you to work it… They normally say that long so it gives them chance to find your replacement and for you to train them.

I’ve always found that talking to them and negotiating will help and they will reduce the term if need be. Just get it all in writing and signed by a manager.

Wait for the full confirmation of your new employer, sign the contracts and do the minimum possible to get suspended under your disciplinary procedures, negotiate a no cash compromise agreement to leave, go to your new employer. [/joke]

Ask nicely, the action of asking will make it significantly more likely that they will want you to leave ASAP rather than having a spare part hanging around.

Aren’t you supposed to try to stick to your nom de plume for at least a couple of posts?

In some cases if you tell your employer you are moving to a competitor they will put you on gardening leave……

or hopefully if its competetion you’ll just get gardening leave. 🙂

dman it too slow

Aren’t you supposed to try to stick to your nom de plume for at least a couple of posts?

*reported for multiple logins*

😉

It could be urban myth; but I’m sure I read\heard somewhere* that your contract can say what it likes, it’s your pay period that will really count… e.g. if you’re paid monthly than that’s your notice period.

*can’t remember where, it was a long time ago, it’s probably rubbish.

But I do know of someone who told his employer he was accepting a job with a direct competitor, he was escorted of the premises very quickly 😉 he didn’t actually have an offer from a competitor but he was able to start work the next day..

It could be urban myth; but I’m sure I read\heard somewhere* that your contract can say what it likes, it’s your pay period that will really count… e.g. if you’re paid monthly than that’s your notice period.

I thought that I had heard that as well.

I believe if you are contractually obliged to work three months then they can force you to work it…

That is certainly not true. they cannot force you to work – that’s slavery.

if you have a firm offer that starts before your notice period ends then you would be wise to negotiate. if negotiations don’t work then just don’t go back though this will burn any bridges with your previous employer.

*is rumbled*

In reality – assume you are paid up at end of each month with no retention, wait till paid then next day tell them you are leaving immediately and not working notice.

Likely you are marched off premises within 1/2hr.

End of, unless you are some kind of F1 designer and they want to take an injunction against you – they cannot make you work for them, but they can STOP you for working for someone else and/or stop someone else employing you for notice period as long as they continue to pay you. What we know as Gardening Leave.

I had three months notice, and offered them six good weeks of me continuing to work 5x10hr days OR three months where I toss it off all day long like a recently departed colleague did.

They chose the six week option

Then on the last day decided to rescind that as they couldn’t get someone to hand over to. Pretty funny as I had been paid by then & told them I was off (and I was!)

I didn’t get a reference, but I didn’t need one – though we didn’t part on bad terms, the relationship is funny now as they’re a supplier to me 🙂

It is not uncommon to negotiate a shorter exit period when you hand in your notice. I have never made anyone work 3 months because after 6-8 weeks they become ineffective / difficult / disinterested anyway. There is no way I am paying them to **** about.

I currently have two people working 3 months before joining us. I accepted it because I realise they are very important to their current employer – its because they are sh1t hot that I want them! One is due to start soon, he seems to spend about 2-3 hours a day actually doing stuff for me whilst his old employer pays him (bonus for me, stupid employer for holding on to him!). The other called up after a week and said, “Can I come sooner? my boss has managed to get me out in 8 weeks!”).

I previously offered one of my guys new employer a “transition” phase to hand over an employee to them. Basically He’d keep working for me full time for first month, then 3 days a week for second month, then 1 day a week for third month so we could ensure continuity. They hated this idea. I said, OK 3 months full time for me then. He ended up calling back saying, “how about 6 weeks, but you can call him up and “borrow him back” for a day at a time in the first year free of charge”… We agreed. He joined one hour long conference call but never needed him again. The point is there is always a compromise if the people involved are pragmatic.