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Notice Period of employment

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  • 09-02-2014 4:20pm
    #1
    Oliviapich
    Closed Accounts Posts: 7 ✭


    Hi,


    Hi,



    I need help in relation to the employment law i.e. notice period. I worked over two years for my current employer and as per contract as a finance administrator.



    I've been offered a great job offer however, the new employer will not wait for me longer than 1 month. My notice period is 2 month and I've asked my boss to reduce the two month of notice to 1 month notice. He got very angry and straight a way asked me if a want to breach the contract and that he has to get legal advice?



    My position with the current employer is not a management position and in my opinion the two months notice in not reasonable. Unfortunately when I was signing the contract I skipped/ didn’t notice the 2 month notice!



    I've accepted the new job offer and know not to sure what to do if my current employer won't agree for the 1 month notice.



    Please advise what can happen if my current employer won’t accept the 1 month notice and I walk away after the 1 month and start the new job?

    Thank you for your help!
    O


Comments

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    #2
    zl1whqvjs75cdy
    Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    You have any holidays left? You could take them maybe as part of your notice if your current employer will allow it?


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    #3
    Oliviapich
    Closed Accounts Posts: 7 ✭Oliviapich


    I used all my holidays so far!


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    #4
    Oliviapich
    Closed Accounts Posts: 7 ✭Oliviapich


    Unfortunately I've used all my annual leave....


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    #5
    Vego
    Registered Users Posts: 1,011 ✭✭✭Vego


    Gross misconduct ...instant unemployment ;-)


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    #6
    Oliviapich
    Closed Accounts Posts: 7 ✭Oliviapich


    Hi,

    What do you mean?


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    #7
    zl1whqvjs75cdy
    Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    He means get yourself sacked. Maybe not the best option, particularly if you need a reference.


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    #8
    Oliviapich
    Closed Accounts Posts: 7 ✭Oliviapich


    Yes, that's truth but I guess I have no choice...... 1 month notice is long enough for not management position! I wonder if some one can advice what can happen if I will leave the job after month! The job offer I got is really good and I do not want to lose it!


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    #9
    sopretty
    Closed Accounts Posts: 3,009 ✭✭✭sopretty


    Well, they can fire you for being in breach of contract lol! Not sure really. Have you explained the position to the new employer?


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    #10
    Oliviapich
    Closed Accounts Posts: 7 ✭Oliviapich


    lol. The new employer wanted me yestarday so, there was no option they could wait for me longer than 1 month :( I guess only sicide left for me lol ;)


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    #11
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,300 Mod ✭✭✭✭Jim2007


    Oliviapich wrote: »
    lol. The new employer wanted me yestarday so, there was no option they could wait for me longer than 1 month :( I guess only sicide left for me lol ;)

    If your new employer has such a disregard for contract obligations, then watch out... because you can be sure he will have no problem dumping all over you in the future..


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    #12
    murphym7
    Registered Users Posts: 2,035 ✭✭✭murphym7


    Notice period in contracts can be a funny thing. What you are looking for here is precedent. You are looking for a trend of other employees serving less than the 2 months than is contacted, if you can show this, I would give one months’ notice and leave. My contract has 3 months’ notice period, I have never seen anyone give longer than one month, sometimes management might huff and puff about it, but are reminded by all leavers that one month has been the precedent.

    As I said, it’s a funny one. I do not know what your employer can actually do legally to hold you to the 2 months and wouldn’t care to speculate here. Anyone any examples?

    Look for precedent of shorter notice periods and go from there.


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    #13
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    They can't really stop you from leaving after one month, but if anybody in the future rings them looking for a reference for you, they will probably say it so it might affect future job prospects.

    However you can't leave it stop you taking your new job, so try reasoning with them. An other option is to be sick for the second month?


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    #14
    Oliviapich
    Closed Accounts Posts: 7 ✭Oliviapich


    murphym7 wrote: »
    Notice period in contracts can be a funny thing. What you are looking for here is precedent. You are looking for a trend of other employees serving less than the 2 months than is contacted, if you can show this, I would give one months’ notice and leave. My contract has 3 months’ notice period, I have never seen anyone give longer than one month, sometimes management might huff and puff about it, but are reminded by all leavers that one month has been the precedent.

    As I said, it’s a funny one. I do not know what your employer can actually do legally to hold you to the 2 months and wouldn’t care to speculate here. Anyone any examples?

    Look for precedent of shorter notice periods and go from there.

    Many thanks for jour reply! Your absolutely right! I had a big problem with my boss, they said I won't get good reference from them if I leave after one month! I was very hard worker and they were very happy with me! Now because I want to leave they are terrible to me! I'm very stressed! I lost one a very good job offer last year already because of the two month notice! Can not afford to lose next great opportunity !!! :(


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    #15
    dixiefly
    Registered Users Posts: 2,949 ✭✭✭dixiefly


    I had this problem a number of years ago where I was informed of a 3 month notice on my contract. It was quite a difficult situation but I managed to delay some time with my new position asking for clarifications after handing in my notice in my job.

    Your priority is your new job but it would be good to leave on good terms. This has messed you up before and it is possible it could happen again. My advice is to go in today and call the new job and speak to your contact and tell them you are delights with the new job and say that the earliest you can start is the 24th March. That is 5 weeks. See if they will accept that. See if you can arrange to call in some day in the meantime to get up to speed if that would be of interest to them - you might be able to ring in sick for that day.

    If they accept that timing then straight away give a letter in to your job saying that the best you can stay until is Friday 21st. Remember, in almost all cases the other employees have moved jobs before so they will understand in a way though they won't admit that. Sometimes you can say something in a letter that ids harder to say.


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    #16
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    Their notice period is unreasonable..
    Give two weeks notice and then move to your new job...

    In theory they could take a case to the EAT for business loss due to your absence, however, as you will have given and worked a reasonable notice period their case will be greatly weakened and in all probability they will be unable to take the case to any level.. Cases in the EAT are taken on the basis of reasonableness.. holding employees to unreasonable periods of notice is impractal,


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    #17
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Please don't predict outcomes of cases


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