Employer getting stroppy because I am giving 1 month's notice, although the contract says 2 months!

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Thedarkpete

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Hi all,
I'm looking for some advise, I recently informed my employer that I would only be able to give 4 weeks notice as per the 2 months stated in my contract. (Yep I know breaching my contract) I'm in the job 1 year and 9 months.
Then what followed was what felt like several threats to get me to change my resignation letter to 2 months instead of the one I stated. I was informed how unprofessional this was. Than told that the company legally don't have to say I worked there. They would not be giving me a reference, if I ever applied to company again this would be seen as gross misconduct. After I continually stated I would not be changing my resignation letter to state 2 months notice as they asked me to do. They finally stated that my P45 would not be released until my actual contract length(2 months) was served. I'm wondering if anyone can offer me some advise about the whole situation.
Many thanks,
Peter
 
Firstly if that is their attitude then you are better off out of there. Would you ever really apply to work for them again?

They could be slow in releasing your p45, that may have an impact if you are signing on or for sorting your tax with a new employer. To me, the bigger issue is the lack of a reference, they have no obligation to give you one anyway but will it impact on you if you look for another role?
 
So you entered an agreement to serve a two month notice period, and now you want out of that because it doesn't suit you. If it was the other way round, I'm sure you'd feel hard done by if they wanted to get out of a contractual obligation to you because it didn't suit them.

They are entitled to stick to the 2 month period, and not release your P45 until that expires.

They are under no obligation to provide you with a reference, and I doubt any company would be expected to take someone back who breached the terms of their contract. Does your new employer require a reference from them prior to you taking up the new role? If so you have been foolish in taking this course of action.

Another thing to consider, and how likely this is to arise I can't say, but your new employer may contact your previous employer as part of background vetting after you start, if they disclose that you breached the terms of your contract, your new employer may choose to terminate your employment during the probation period. A lot will depend on the industry and the role in question, but many employers don't look favourably on someone who has such a history.

Further details on your rights on the Citizen's Information site here.
 
Leo said:
Does your new employer require a reference from them prior to you taking up the new role? If so you have been foolish in taking this course of action.
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Actually if they wanted to be very vindictive they could in fact take a case against him and name the new employer as a respondent. It would not get anywhere and would be thrown out, but it would certain leave a bad taste if the new employer's first experience of the OP was that they had to hire a solicitor to defend themselves!
 
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thedaddyman said:
Firstly if that is their attitude then you are better off out of there.
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Did you type that wrong?

Did you mean to say "If that is your attitude to a contract you signed, they are better off without you?"

Contracts work both ways.

It would be usual in such cases for the employee to give 2 months' notice and then ask if he could go early. Most employers will try to accommodate the employee.

Brendan
 
I'd strongly recommend to the OP they attempt to recover the situation in some way: regardless of whether a reference is given or not, this country is too small to leave anywhere on bad terms: it's very likely it will come back to you in some negative way in the future if you leave on bad terms. As Brendan said, the normal situation would be to give the full notice, and then try and negotiate leaving early, keeping things on as good terms as possible (e.g. offer to do extra work to help train a replacement in or whatever).

General piece of advice: even if you think the company you're with is a complete disaster and the management incompetent fools and you are tempted to tell them what you think of them as you walk out the door, always, always keep it to yourself, be completely professional and pleasant and leave on good terms. You should try and leave on the best possible terms.
 
Is 2 months notice typical in your sector or level of seniority?
If you're moving to a new position what's your notice there?

Or do you think the two months notice is an unfair attempt by your current employer to make it difficult for employees to find new positions?

That should inform your view as to whether your employer has genuine transition concerns ... but really the most important audience for all this is your next employer.
 
2 months is a long time for any role except for a senior role. I am assuming the OP isn't in a senior role, otherwise they would have accepted the 2 months and had the experience to deal with it in a better way.

The fact is you accepted the terms of the contract which says 2 months. It works both ways in that they probably had to give you 2 months notice if they wanted to let you go. This is where a bit of diplomacy would have gone a long way. I would approach your manager and apologise for giving just 1 month notice but explain you are really excited about the new role and you should have discussed the possibility to reduce the notice period before handing in your resignation. Is there anything that can be rectify the situation so you don't leave on bad terms?


Steven
www.bluewaterfp.ie
 
Brendan Burgess said:
It doesn't matter what is typical notice. It is what is in the contract he signed.
Brendan
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I would disagree. If the employer imposed an unfair contract then fair play to the OP for showing them it's unenforceable and to get real with their employees.
But always keep an eye on the optics of it to any future employer.

If 2 months is expected for this role as it befits its seniority \ remuneration, you should honour it.
 
odyssey06 said:
If the employer imposed an unfair contract
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How could it be an unfair contract? This was not a standard mortgage contract but an employment contract where the employee was quite at liberty when it was drawn up to negotiate a reduction in the notice. He didn't do so.

Brendan
 
Brendan Burgess said:
How could it be an unfair contract? This was not a standard mortgage contract but an employment contract where the employee was quite at liberty when it was drawn up to negotiate a reduction in the notice. He didn't do so.
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Just because something is in an employment contract that was signed, it does not make it fair (or legal for that matter).
The OP could argue that he needed the job so signed the contract. He was quite at liberty to remain unemployed...

Also, at a senior position there would be scope for negotiation of contract, for most positions do you really think an employer is going to get into individual contracts???

If the employer took the employee to court to enforce the contract, I would not assume that whatever is in the contract will automatically be enforced.

Nobody has to sign up for a broadband contract, yet we still have an EU Directive on Unfair consumer contract terms.
 
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Brendan Burgess said:
Did you type that wrong?

Did you mean to say "If that is your attitude to a contract you signed, they are better off without you?"

Contracts work both ways.

It would be usual in such cases for the employee to give 2 months' notice and then ask if he could go early. Most employers will try to accommodate the employee.

Brendan
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Whilst you are correct in saying that a contract works both ways, the current employer is achieving absolutely nothing by insisting the employee stays. Do you really think he is going to be productive in his last month of work. ? Instead the employer will be paying out wages and likely not getting anything in return. The attitude of the company is rather petty. As a manager, if one of my team acted like the OP I'd be incredibly annoyed and cheesed off, but I'd be spending my time in finding the right replacement rather then fighting with the OP over a few weeks
 
thedaddyman said:
.... the current employer is achieving absolutely nothing by insisting the employee stays.
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Most companies with a two month notice period in contracts for non senior staff have it there to give them time to protect their interests, often to allow time for a new salesperson to build up relationships with existing customers and prevent the leaving employee from poaching hard won business.
 
There are several opinions here regarding contract in favour of the employee and in favour of the employer. We don't know what industry or type of employment the OP has. We don't know whether it's NASA and he holds the key to some astounding discovery that will propel a space-station to Jupiter within ten minutes or if the OP is a Call Centre Jockey who can be replaced at a whim.

If the employment is not of great importance to the employee or the employer then two months notice is a bit much to expect. If it boils down to what the employee signed or what the employer expects regardless of any other facts. If there is any sort of bad feeling between both. Then common sense comes into play i.e. the employee getting out asap and the employer leaving him out asap. A disgruntled employee is no good to anybody.
 
This was the first post and the O. P. has not replied since Friday which in my view indicates the actual concern of this first time poster.
The post has had 17 responses and opinions expressed covering the issue, may I suggest we await the return of the person seeking advice so we can assess after the poster gives feedback.
 
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Palerider said:
This was the first post and the O. P. has not replied since Friday which in my view indicates the actual concern of this first time poster.
The post has had 17 responses and opinions expressed covering the issue, may I suggest we await the return of the person seeking advice so we can assess after the poster gives feedback.
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Why wait? Darkpete looked for advice. He is not short of inspiration from contributors here on which is not an uncommon problem. Drive on! I say . . . . next post please.
 
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