Is it true that a 3 month notice period is not legally enforcable?

Notice periods aren’t legally enforcable at all, after all what can any company realistically do to you? Granted they won’t pay you but if you are walking out of a job you presumably have another one to go to so that shouldn’t be an issue.

I’m on 3 months. AFAIK it is legally enforceable but it’s rare anyone bothers to hold you to it as long as you act like an adult over your exit.

Does rather depend on the HR department, but it’s difficult to complain too much if you signed the contract in the first place.

fter all what can any company realistically do to you?

Sue you for breach of contract? IANAL though, and I’ve never heard of it actually happen, even for properly highly paid (as in – I can’t imagine earning that much!!) people around here.

Right.. I just need to ask the question then, as I do need to keep this employer sweet for future work possibilities.

All they’d be able to recover is their losses which as they won’t be paying you would amount to nothing.

Right.. I just need to ask the question then, as I do need to keep this employer sweet for future work possibilities.

That does change things somewhat. If you want to keep someone sweet for the future then an honest discussion over notice period is what you should have rather than just saying “I’m out of here”

Long notice periods = Awesome gardening leave potential! Look on the bright side!

Quit, get gardening leave, have an ace summer! (I had a rather marvellous period of gardening leave recently 🙂 )

As I understand it, if you leave before your contracted notice period it is up to your employer to claim civil damages for a breach of contract. The tricky bit for them is to quantify what losses they have suffered as a result of you leaving early. I looked into it a little while ago as 3 months is really restrictive when looking to get a new job but I’d probably have been able to negotiate a shorter period.

Right.. I just need to ask the question then, as I do need to keep this employer sweet for future work possibilities.

In my experience and work field, it is company policy not to re-hire ex employees!

Just because you have a long notice period doesn’t mean you’d be offered gardening leave.

I am on my final day of 3 months notice today (just finished my second cream cake actually 8) )…

I’m not going to a job in the industry so I wasn’t put on gardening leave – I managed to reduce it to about 2.5 months to fit with print dates (I currently work for a magazine) but that’s it.

Ok, so I could have walked out sooner, but i’m always of the opinion that it’s better not to burn your bridges. Plus, I wouldn’t want to drop my colleagues in it.

Fortunately my new employers really wanted me so were happy to wait!! 8)

Long notice periods = Awesome gardening leave potential! Look on the bright side!

Quit, get gardening leave, have an ace summer! (I had a rather marvellous period of gardening leave recently )

Unfortunately, I believe you work in IT Molgrips?

My experience has been that gardening leave don’t happen for we mere mechanicals.. some of the upper tiers did get it.

It won’t help but you really want to be slightly German. I know of people there who couldn’t be made redundant (union rules) who were placed into a ‘talent pool’ and sent home till they had a job for them.

Over 2 years ago. On full pay. 🙂

Long notice periods = Awesome gardening leave potential!

Only if I get fired, though!

It is IT, yes, and my company has a policy that specifically allows re-hiring of ex-staff.

The more important and handsome you are, the longer your notice period is.

mine is six months.

I had 3 months notice but because I was continuing within the industry I only worked a week by mutual agreement – nothing nasty and it was all above board …

Never burn any bridges would be my advice, if they insist on 3 months bite the bullet and smile – id be surprised if you were forced to work the full period ….

molgrips – Member – Quote
Is it true that a 3 month notice period is not legally enforcable?

Would you be asking if they were letting you go?
MTFU and do the time you signed a contract for

In my experience and work field, it is company policy not to re-hire ex employees!

IANAL, but I think that might be open to legal challenge – if you applied for a job that you were well qualified for etc. they would have to come up with something better than “we decided we didn’t want to employ that candidate because we didn’t want to” or be looking at a discrimination case? Even easier to challenge if you have a specific characteristic that falls under equalities legislation (e.g. disability, being a woman…)

12 months if i want to leave my job. Tho if i can show i have a job waiting its possible to be gone in a month.

gonefishin – Member

All they’d be able to recover is their losses which as they won’t be paying you would amount to nothing.

This doesn’t apply to molgrips, but in academia and education, it would depend on teaching commitments, the cost of cover, and REF responsibilities I would think.

I’m on three months officially although if I get fixed up with something new (I am actively looking) then I will offer them a month with caveats that within that month all loose ends etc will be tied up. They’d only put you on gardening leave if they have too. Don’t forget in doing so they will be paying you for doing nothing.

I would try and remain on good terms, regardless. Have never managed to wangle gardening leave myself, such a shame, would be the perfect time to ride the tour divide, or eat cake.

I know someone who had 9 months gardening leave. I would find it hard to go back to work after that!

3-6 m gardening leave is great for reasons given above, it’s the 12m non-compete clauses that are more problematic IMO.

MTFU and do the time you signed a contract for

It’s not quite that simple. It’s more a case of leave for another job vs never ever leave.

Everything is negotiable. If you want to be out in a month and make that clear you can be pretty confident they won’t want you around beyond that.

Mol, what exactly is your issue. Normally gardening leave is simply to allow your company time to replace you and ensure client disruption is minimised. If you have another job, then do you not simply have to have an extended 3m holiday before starting new one. Or is this different?

My understanding of gardening leave is its what they put you on if you work in a position where you could continue to be privvy company information that could be of use to a competitor.

So, if you work in pharmaceuticals for examples in the research department and have a 6 month notice period chances are they wouldn’t want you kicking around for 6 months getting wind of new ideas so they put you out on gardening leave.

During this time you are still employed by the company so cannot work for a competitor but at the same time you cannot gain inside knowledge.

Also, in some jobs being out of the loop for 6 – 12 months can have implications when you start the new position as you have effectively been missing in action for an extended period and it can take time to re-establish contacts etc.

If you work in a lesser position then there is a general expectation for you to work your notice through but everything is negotiable.

Non-compete clauses can be difficult to enforce as no company can prevent you from earning a living in your trade. I work in insurance so I cannot be told you must not deal with companies within an x radius of where I live / work whatever. What they can say is that I cannot approach clients insured by the current firm for a period of time for example but the restrictions need to be defined and not punitive.

Cheers

Danny B

Any notice period is legally enforceable – 1, 3, 6, 12, 24 … if the company is paying you it’s entitled to keep you working or make you sit out garden leave

They wouldn’t put me on gardening leave. I’d have to work my notice.

The reason it’s an issue is that it makes it really hard to find another job without quitting first.

@jambalaya – strictly speaking yes but if you just don’t turn up for work if they try to enforce the notice period and you just start a new job there isn’t a great deal they can do about it other than (and as others have stated) try to make a claim in the civil courts for breach of contract.

OK getting a reference from them may be problematic and in molgrips case it may have implications for any future work they wish to gain from the current employer but in general terms there’s not a great deal they can do about it.

Given that it is becoming common practice for firms to not give references when someone leaves it wouldn’t come as a surprise to the new employer if a reference were not forthcoming.

Cheers

Danny B

Teaching has this as a sort of informal agreement. There are 2 resignation dates, usually around half term. I don’t think its in your contract but it frowned on so that if you walk out with little notice it can be very hard to renter the sector. Particularly as teacher must take a reference from their last teaching post

How long have you even had this job though Mo, can’t be more than a year or so since you were contracting right?

Almost 2.

@molgrips – not sure I agree, you look for the new job and explain that your current employer thinks you are so valuable they have put you on 3 months notice

@dannybgood – I’ve seen worse than 3 month notice periods, how about your redundancy payment being recoverable if you get another job within 12 months ?

not sure I agree, you look for the new job and explain that your current employer thinks you are so valuable they have put you on 3 months notice

Well if you are going for a contract job, they generally need someone to start a project asap. A month is a long time for them to wait usually, never mind three. It’s just awkward.

@molgrips – got it, yes appreciate that’s tricky. Well it’s a learning experience, next time you can decide whether to take the job if it has 3 months notice.

The reason it’s an issue is that it makes it really
hard to find another job without quitting first.

which is one of the big reasons why it’s rare for it to be legally enforced within reason given that it could be considered restraint of trade which is illegal.

Otherwise they could claim for the cost of a contractor to replace you if they can’t replace you in the timescale you’re offering.

It’s very enforceable depending on the wording of the contract.

Our main competitor has just lost 3 people, they are all on 3 months notice with post termination restrictions. 2 of them are being sued for breach of contract by joining the competition too soon (not us).

Which is, in my way, a way of ensuring that trout previous employees take you to the cleaners in the marketplace when they get into their new jobs.

Take second job and sub it out to an Indian / Chinese operative and trouser the profit?

contract position=readily available/already contracting.. or so it seems in IT, unless established in some particular way with the opening or agent.. discuss..

molgrips – Member

MTFU and do the time you signed a contract for

It’s not quite that simple. It’s more a case of leave for another job vs never ever leave.

I would be reluctant to employ somebody who was prepared to walk out without doing the notice that he was contracted to work or if the boot was on the other foot I would be reluctant to work for a company that was happy for me to breach my contract with another employer to start a job with them earlier .