Notice Period Issue.

LegacyUser

At a bit of a dead end with this, so I am going to throw it up here to get some opinions.

I started a new job at the beginning of the year. The job has failed to meet my expectations and a new job has come my way which I have accepted. I am obliged to provide my current employer with three months notice, according to my contract but it is also stated that this period can be reduced subject to agreement by both parties. The two employees that have left the organisation this calendar year, left after serving one months notice.

My new employer is aware of the fact that I am supposed to provide my current employer with three months notice but they have asked me to try and negotiate a reduction in my notice period. I have had discussions with my current employer regarding my notice period but they are claiming that I am a key member of their organisation and they want me to serve the full notice period. This is hard to believe given that I have only been a member of the organisation since January and also because the work that has been assigned to me this year has been labelled as "BAU" and a "rite of passage" by more than a few staff members in my department.

_Brian

Three months notice is only enforceable for a member of staff who is critically important to the running of the business.

Give them two weeks notice, be prepared for agro and threats but that's it.

godtabh

_Brian wrote: »

Three months notice is only enforceable for a member of staff who is critically important to the running of the business.

Give them two weeks notice, be prepared for agro and threats but that's it.

Wouldnt go with this if you want a reference. Assuming its a professional role I'd go with a month which is relatively standard

_Brian

godtabh wrote: »

Wouldnt go with this if you want a reference. Assuming its a professional role I'd go with a month which is relatively standard

I agree in general but it sounds like OP has secured the job and it's just down to start date.

I'd start by handing in a letter with two weeks on it, then you have the option to negotiate to four of you want.

Such long notice periods are really only enforceable in a minority of cases where the person leaving sooner would actually damage the business. Only OP knows if they fall into this description.

Irish_Elect_Eng

One way to approach this.

(1) Identify who the key person is, not HR, but the decision maker.

(2) Go to him/her, speak one to one, and make it clear that you intend to leave in 1 month. Polite, Professional, no excuses or reasons, not need to rationalize your decision.

(3) Propose a knowledge transfer schedule, identify a person that you believe capable of handling the work and them to be assigned to you. Make it clear that you will work diligently to fully transfer your workload and responsibilities to him before you leave.

(4) IF they are being unreasonable, point out that they are much better off having you motivated and working hard for 1 month to effectively transfer your knowledge, than having you demotivated and merely "present" for three months. That you want to handle the transition in a mature and professional way and would appreciate their co-operation.

(5) IF they then continue to be unreasonable you have a decision to make. That decision will be determined by how big or small the industry sector is and how much you want to keep in with your former employers.

Best of Luck