Notice Period - 3 months

Higgins5473

Hi, I am posting on behalf of someone. They have given their notice of resignation citing feelings of belittlement, bullying and anxiety in having to work such an environment on a daily basis. The individual expressed a desire to leave the work place ASAP and did not want to endure any further unhappiness or anxiousness. They have returned today saying that they must see their full notice period of 3 months out. Would anyone have any suggestions on how to come around this or get out of it?
Many thanks.

monty_python

Higgins5473 wrote: »

Hi, I am posting on behalf of someone. They have given their notice of resignation citing feelings of belittlement, bullying and anxiety in having to work such an environment on a daily basis. The individual expressed a desire to leave the work place ASAP and did not want to endure any further unhappiness or anxiousness. They have returned today saying that they must see their full notice period of 3 months out. Would anyone have any suggestions on how to come around this or get out of it?
Many thanks.

Doctor's note. "Mental health". Boom

dustie1

Have they another job got? Or were they planning to use the transition to get one? If they have any other references then I would advise them to talk to their GP and see if they will certify them. I've been in similiar situation and toxic environments like that have a serious impact on your health. If you start sending in sick certs they'll have to move on regardless

Higgins5473

monty_python wrote: »

Doctor's note. "Mental health". Boom

This was considered but would this not mean they would be placed on sick leave as opposed to resigning and free to move on? Has a doctor the authority or ability to force an employer to terminate a contract early?

Higgins5473

dustie1 wrote: »

Have they another job got? Or were they planning to use the transition to get one? If they have any other references then I would advise them to talk to their GP and see if they will certify them. I've been in similiar situation and toxic environments like that have a serious impact on your health. If you start sending in sick certs they'll have to move on regardless

They’ve got a new job and have verbally accepted. Concerns new employer may back out with such a long notice period. Same as above re sick certs. Would it mean a three month period of sick certs as opposed to moving on? Other issue is, sick leave has been exhausted due to work issues and stress, these certs cited stress and trauma as opposed to specifics in work. It could be three months of certs with no pay and no job at the end of it?

As an aside the person is a relatively basic admin job it is not by any means in mid or high management where a transition period is necessary. It’s pure nastiness.

Salary Negotiator

Higgins5473 wrote: »

They’ve got a new job and have verbally accepted. Concerns new employer may back out with such a long notice period. Same as above re sick certs. Would it mean a three month period of sick certs as opposed to moving on? Other issue is, sick leave has been exhausted due to work issues and stress, these certs cited stress and trauma as opposed to specifics in work.

Have they asked the employer to agree to a reduced notice period?

Realistically it sounds like the relationship here is not great so the employer might be glad to see them go.

Higgins5473

Salary Negotiator wrote: »

Have they asked the employer to agree to a reduced notice period?

Realistically it sounds like the relationship here is not great so the employer might be glad to see them go.

Yes, and outlined the reasons why, anxiety, unhappiness, inappropriate/ mistreatments. Said they wanted to move on ‘asap’...this was met with ill have to talk to senior management. Came back following day and said no can do, you’ll have to see out the three months citing the necessity of recruiting someone else to replace.

dustie1

Not to get into the technical legality of it all.. but any smart employer should be glad to cut the notice period to avoid a constructive dismissal case. As you mentioned the stress/bullying. Some smart negotiating should get you out of the notice period. I would still send the sick cert then an email that the work stress is impacting your health. Then perhaps a call to HR and tell them this is the reason your friend is leaving.. if warning bells dont start for them then.. a veiled comment or two should make them realise they are getting off light.

Cunning Alias

Is this person in a senior position? 3 months would be quite long if not.

Edit: sorry just saw that they are a basic admin position.

3 months is ridiculous and can't be enforced. The person should inform them that they are giving a months notice and will be leaving then.

I had this experience with one of my early jobs. Everyone had 3 months in their contract. I was at a junior level and when I went to leave I tried negotiating a shorter notice. They refused so on legal advice I left after a month (as would be standard for the position). Nothing they could do and if they tried to take legal action they would be laughed out of court.

Mine is 3 months and I’d have no qualms about heading off whenever I wanted if I had a better job lined up. If this one is annoying them that much then it’s all the more reason to go.

Strumms

Could they get a doctors note, outlining the reason for leaving being down to stress as the result of their treatment in the workplace? I know maybe a lot of doctors would be hesitant to write that into a note not having ever being to their patients workplace but if a note read along the lines of....

“In my medical opinion, my patient x must cease employment immediately with ABC company due to reported practices, experiences and treatment having a negative impact on their health and wellbeing,”.

If a company were issued with that signed by a GP and on practice headed paper, they’d be brave, stupid or both to even consider insisting the employee continue seeing out their notice.... or indeed contesting it in court.

Also three months is a load of bollocks, six weeks I could live with but a quarter of a year ? Companies ideally should have the opportunity to replace and get *some* training for the replacement undertaken, three months is a joke....

bucketybuck

With respect, there is not a single thing the employer can do to make your friend stay 3 months. To say otherwise is scaremongering.

A basic admin job? Tell them you will work 2 weeks notice and that after that you wont be in.

Remember. Its "notification of intention to leave", not "please can I leave".

BillyBird

If this employer has treated them poorly I'd not bother to hang around. Unless the employee is in some amazingly important job there's no way an employer will follow up in any way to enforce 3 month period.

Granted you'll never get a reference back from them. If he/she is ever asked for one they can just explain the situation.

And it is unlikely they'd be paid for their notice period. Should not be an issue if they have a job already.

So don't ask, just tell them when you are finishing up.

o1s1n

I gave a months notice in a job a few years ago and was told that my contract said three months.

I told them I would be giving a month and that was it. They really pushed hard to get me to stay the three months (even asked me to work half a week there and half a week in my new job) but I stuck to my guns and finished after the month. I wasn't going to jeopardize my new job as it was for a considerably higher salary.

After working on the other side, managing people in a big corporation for years and seeing people hand in notice as low as 1-2 weeks, there's literally nothing they can do to stop you. It's all bluff.

Dav010

Have to agree with others, if you have a job to go to and don’t need a reference, statutory notice for length of service would be plenty. The chance of the employer suing you for breach of contract for not working 3 months, is zero, But do be aware, any call by a future employer to your current employer will not result in positive feedback.

Salary Negotiator

ReginaldSmythV wrote: »

Mine is 3 months and I’d have no qualms about heading off whenever I wanted if I had a better job lined up. If this one is annoying them that much then it’s all the more reason to go.

Mine is currently 1 month but due to a take over I’m expecting it to be increased to 3.

I won’t be sticking around for 3 months when the time comes to leave, I’m mid level management and can be easily replaced.

_Brian

First thing is how critical is their position.

Long notice periods are typically to protect a company from loosing an employee who is critical to the running of the business and not having them would be a major problem.

If the person isn’t in a critical role then I’d be furnishing the statutory notice and leaving it at that. The employer would need to peruse a legal case and prove that the person was critical and that loosing them caused a serious problem. Most employers won’t do this.

Higgins5473

Many thanks for all your replies and advice...

One question, if they bolt say after a month, would there be difficulty in getting their P45 before the 3 months?

_Brian

Don’t need P45.
It’s done online now.

And anyway, without it the worst is a few extra weeks on emergency tax, but once registered online you can go in and add your new employer and go from there.

Mrs OBumble

_Brian wrote: »

Don’t need P45.
It’s done online now..

It's only done once the employer processes the termination. They could choose to delay it.

Burgo

Mrs OBumble wrote: »

It's only done once the employer processes the termination. They could choose to delay it.

which at worst would mean a few weeks on emergency tax, a small price to pay for getting out of a toxic work environment.

skallywag

As long as you do not require any type of reference from them then just leave, there is no way that they will chase you up.

Keep in mind though that many still will insist on references, I would make sure at least that there is someone at least at the previous place of work who can vouch for them. Just to clarify, when I say reference I am referring to someone who can be called up and spoken directly to, as opposed to a meaningless 'X worked at Y between A and B' type generic nonsense.

_Brian

Mrs OBumble wrote: »

It's only done once the employer processes the termination. They could choose to delay it.

Yea but they am an manage without it and it just means a few weeks extra emergency tax. The company have no method to force the employee to stay, and taking a case would be unlikely unless OP was a senior manager or pivotal to the success of the company.