8 weeks notice period per contract

Green Mile

I gave my 1 months notice period 2 weeks ago and my employer is having a hard time finding a replacement. My boss just told me that its in my contract to give 8 weeks notice.

I?m working less than 5 years in the job so I know I legally only have to provide 2 weeks so I thought by providing 4 weeks was enough time. As my bosses are unorganised, they are now requesting me to work out my 8 weeks notice which isn?t going to work as my new job wants me to start asap.

I?m due about 8 days annual leave and I don?t want to leave without that holiday entitlement or on bad terms.

Anyone any advise or have been in a similar situation before?

Shelflife

Well if its in your contract that its 8 weeks notice then thats what youre supposed to give, if you dont then you are in breach of contract and they could/unlikely though sue you.

If you leave early you can expect it to be on bad terms, you will get your annual leave paid, but the chances of a good reference diminish unless you sit down and work something out with them.

_Brian

Green Mile wrote: »

I gave my 1 months notice period 2 weeks ago and my employer is having a hard time finding a replacement. My boss just told me that its in my contract to give 8 weeks notice.

I?m working less than 5 years in the job so I know I legally only have to provide 2 weeks so I thought by providing 4 weeks was enough time. As my bosses are unorganised, they are now requesting me to work out my 8 weeks notice which isn?t going to work as my new job wants me to start asap.

I?m due about 8 days annual leave and I don?t want to leave without that holiday entitlement or on bad terms.

Anyone any advise or have been in a similar situation before?

You can't really have your cake and eat it too.
I'm presuming your role isn't absolutely essential to the running of their business. This is the only case where they really could "follow you" if you leave before your contracted notice period, otherwise it usually just results in a frosty exit and perhaps a less than enthusiastic reference.
But I doubt they'll let you break the terms of your contract AND walk away with your holiday allowance, presume you wish to be paid this ??

My advice is advise them you feel the 8 weeks is excessive considering your non essential position, offer to work what is required of you rather than what they would wish. See how it goes, there's a slim chance you'll be paid your holidays but I think they will take them in lieu of the contracted notice period your not working, I know I would.

Lux23

They couldn't not pay him for his holidays though. That wouldn't be legal.

Have you got a copy of your contract? If not ask them to show you their copy? I suspect they are chancing their arm.

Green Mile

Lux23 wrote: »

They couldn't not pay him for his holidays though. That wouldn't be legal.

Have you got a copy of your contract? If not ask them to show you their copy? I suspect they are chancing their arm.

Thanks all for the replies.
I have read my contract and it does state 8 weeks due to the nature of my job role as it can indeed be seen as a pivotal role for the company.
I never noticed it before when signing the contract at the start of my employment. I do find it an excessive term as it would be rather hard to outline to a new employer that I can't start for 8 weeks.

From one point of view, they can't legally deduct the holidays as it's not a mandatory deduction (like PAYE etc) however, as it would seem I am breaking the contract by not providing the additional 4 weeks, they may have a legal standing to withhold my holidays and actual salary to cover in lieu of the 4 weeks not working.

_Brian

Green Mile wrote: »

Thanks all for the replies.
I have read my contract and it does state 8 weeks due to the nature of my job role as it can indeed be seen as a pivotal role for the company.
I never noticed it before when signing the contract at the start of my employment. I do find it an excessive term as it would be rather hard to outline to a new employer that I can't start for 8 weeks.

From one point of view, they can't legally deduct the holidays as it's not a mandatory deduction (like PAYE etc) however, as it would seem I am breaking the contract by not providing the additional 4 weeks, they may have a legal standing to withhold my holidays and actual salary to cover in lieu of the 4 weeks not working.

Personally I think they will stop the wages and pay for holidays in lieu of the notice not worked..

They could in theory chase you for loss resulting from you breaking your contract, it is a rare thing to happen though..

ohnonotgmail

_Brian wrote: »

Personally I think they will stop the wages and pay for holidays in lieu of the notice not worked..

They could in theory chase you for loss resulting from you breaking your contract, it is a rare thing to happen though..

They cant stop pay because they feel like it.

http://www.irishstatutebook.ie/eli/1991/act/25/section/5/enacted/en/html

Any compensation for not working out his notice will have to be pursued separately by the company.

davo10

Green Mile wrote: »

Thanks all for the replies.
I have read my contract and it does state 8 weeks due to the nature of my job role as it can indeed be seen as a pivotal role for the company.
I never noticed it before when signing the contract at the start of my employment. I do find it an excessive term as it would be rather hard to outline to a new employer that I can't start for 8 weeks.

From one point of view, they can't legally deduct the holidays as it's not a mandatory deduction (like PAYE etc) however, as it would seem I am breaking the contract by not providing the additional 4 weeks, they may have a legal standing to withhold my holidays and actual salary to cover in lieu of the 4 weeks not working.

All employers understand notice periods, no doubt your new job will have such a clause in your contract.

The main benefit of leaving a job on good terms, is leaving a job on good terms, with a good reference, not just now but for the future, the job after this new one. A lot of employers will not phone your current employer if the job offer is subject to reference, they phone the previous one.

It really depends on what industry you are in, if it's relatively small, then word gets around. Some might think that if you have a history of walking out early, you are likely to do it to them.

In my view, two months in certain cases is not excessive, it takes time to advertise, conduct interviews and then allow the new employee to work out their notice. Also if it is a complex job, there must be a certain period allowed for a smooth hand over.

You may be confusing statutory notice and contractual notice, your contract supersedes statutory notice, if you signed a contract and it exceeds statutory, then that is what you agreed to.

If you don't care about getting a bad reference in future, then just leave, but if you think it may be useful in future then you may be best advised to not burn your bridges.

They can't legally stop your pay, but that doesn't mean they won't. If they do, you will have to take legal action, your new employer may become aware of this and be wary of the situation, particularly if they get a call from your old employer and start to think that you may walk out on them eventually.

davo10

ohnonotgmail wrote: »

They cant stop pay because they feel like it.

http://www.irishstatutebook.ie/eli/1991/act/25/section/5/enacted/en/html

Any compensation for not working out his notice will have to be pursued separately by the company.

That works both ways, if they do stop his wages, then the op has to persue his old employer. Time, effort, expense, stress, bad blood.

ohnonotgmail

davo10 wrote: »

That works both ways, if they do stop his wages, then the op has to persue his old employer. Time, effort, expense, stress, bad blood.

The only effort is making a complaint to the rights commissioner. Nothing arduous. a little bit of time is all that is required.

davo10

ohnonotgmail wrote: »

The only effort is making a complaint to the rights commissioner. Nothing arduous. a little bit of time is all that is required.

There really is. No doubt there is a strong feeling of being wronged and wanting recompense. Plus you are down the money you owed until it is paid.

There is always an emotional investment when taking a case against someone else.

ohnonotgmail

davo10 wrote: »

There really is. No doubt there is a strong feeling of being wronged and wanting recompense. Plus you are down the money you owed until it is paid.

There is always an emotional investment when taking a case against someone else.

If somebody wants to get emotionally worked up over a relatively small sum of money that is up to them. Going to the rights commissioner is a straghtforward process that can be completed in a few months. Please dont try to make it out to be something more than it is.

davo10

ohnonotgmail wrote: »

If somebody wants to get emotionally worked up over a relatively small sum of money that is up to them. Going to the rights commissioner is a straghtforward process that can be completed in a few months. Please dont try to make it out to be something more than it is.

Sure every case must be like that so, legal or otherwise, just file the paper work and forget about it. If it's that small an amount, why bother? Unless of course you feel you are owed it, you want to stick it to your employer etc.

ohnonotgmail

davo10 wrote: »

Sure every case must be like that so, legal or otherwise, just file the paper work and forget about it.

I've no idea what you are getting at. They would not be taking their employer to court. The rights commissioner was specifically setup to handle situations like this. You submit an application, they gather the facts from both side and then make an adjudication. very straightforward.

skallywag

Green Mile wrote: »

I never noticed it before when signing the contract at the start of my employment. I do find it an excessive term as it would be rather hard to outline to a new employer that I can't start for 8 weeks.

Some blunt feedback here OP.

How would it be hard to outline to a new employer that you cannot start for 8 week? A bog standard interview question is 'what is your current notice period?', I can only assume that you were asked this by your potential new employer?

When you entered into employment you agreed to give your employer 8 weeks notice, and from a professional perspective you should now honour this if asked to do so. You agreed to this, regardless of whether you overlooked it in your contact or not.

From a manager's perspective I would be slow to hire someone who is going to shaft the current employer concerning agreed notice period. It paints a poor picture.

Shelflife

If the employer let you go, then you would expect to be paid the 8 weeks, its a two way street.