Employee contract - 3 months notice

[laurasantry]

I am a permanent member of staff who has been employed at my current job since 4th January 2011.
I began initially on a 3 month contract and went on to a permanent contract on 1st April 2011 but now wish to leave the organisation.

However my contract states:

“ If you wish to terminate your employment, you should give the company 3 months notice in writing.
If the company wants to terminate your employment, you are entitled to one months notice at anytime before you have completed two years employment.
When you complete 2 years employment you will be entitled to be given one weeks notice of termination for each year of your employment, up to a maximum of 12 weeks after completing twelve years service.”

In my line of work no potential job is going to wait 3 months for me and I do not want to risk resigning without finding a new job.
I can give 1 months notice as a maximum. I am also not senior.
The company has been known in the past to delay handover and employing new staff so that the current employee is delayed in leaving the role.

Please can you advise

Thanks so much

[teaboy2]

Re: Employee contract - 3 months notice

The Employment rights act 1996 under section 86 (2) states the employee must give notice of not less than one week. Only an employer is required to give notice of 3 months if the employee has worked for them for 12 years. But for employees giving notice its simply not less than one weeks notice. But to be seen as fair and reasonable, i would give 3 weeks notice for the 3 years you have been there.

[laurasantry]

Re: Employee contract - 3 months notice

Thank you ever so much for this, very informative and good to know.

Best wishes

[teaboy2]

Re: Employee contract - 3 months notice

Your welcome.

Come back here if your employer decides to play funny buggers and we can tell you what to put in a letter to the employer in response, if they refuse to accept your resignation/notice.

[laurasantry]

Re: Employee contract - 3 months notice

Your welcome.

Come back here if your employer decides to play funny buggers and we can tell you what to put in a letter to the employer in response, if they refuse to accept your resignation/notice.

Hello!

Me again

I have been offered a job and written my resignation letter. Hooray!!
I was so hoping you can kindly read through it to see if I have justified myself well for giving less than 3 months notice. I intend to hand this in asap. Feedback would be much appreciated:

Dear xxxxx,

Please accept this letter as my formal resignation as xxxxxx with xxxx to be effective as of 31^st December 2013.

I understand contractually I need to give 12 weeks’ notice but on this occasion with the position I have been offered I have a commencement date for the 6^th January 2014 and they unfortunately cannot accommodate a later start date.

I am therefore kindly requesting that my notice period of 4 weeks under the Employment Act 1996 section 86 (2) be accepted for this resignation, whereby effectively a week’s notice for an employee is given for every year served with the company. In my case I contractually commenced with xxxxx in January 2011.

I am more than happy to assist with recruiting a replacement and will ensure a smooth and thorough handover is given appropriately as well as shadowing the new recruit.

I would like to take this opportunity to say that making this decision has been difficult, as working at xxxx has been such a great experience and one for which I am grateful. I have gained much here and have enjoyed working with you both as well as certain colleagues whom I am sure I will remain in touch with.

However, I am excited about the new position I am undertaking as I have been approached by my ex Manager who now runs a xxx firm and would like me to oversee and manage the quality system as a full time role. This is an opportunity for me to get back into my specialist profession.

I am conscious of the need to provide support for all at xxxx until my departure and I shall give my full commitment until then. Can I also request that no other employee is informed of my resignation until you have made a decision on who replaces me.

I wish xxxx every continued success in the future and thank you for the opportunities and experience I have been given during my time here. I can honestly say it has been a pleasure.

Thanking you both once again

[Inca]

Re: Employee contract - 3 months notice

Hi

Personally I would whittle the letter down...I would completely chop the bit about your new employer out and I don't think asking them to keep your departure quiet is necessary either.
IMO...and it is only my opinion,,your version sounds like a letter to a friend,,not a resignation to your employer.
I'd state the basics...you're tendering your notice and will leave their employment on --/--/----,,IF they query your length of notice then bring out Employment Law...and certainly don't give them the ammo that you are starting your new job on 6/1/2014.
It's your OFFICIAL resignation,,not an invitation to a party...keep it on employer/employee level.

[laurasantry]

Re: Employee contract - 3 months notice

Thank you for the above and i have amended my resignation accordingly.

Wish me luck!

[Inca]

Re: Employee contract - 3 months notice

Thank you for the above and i have amended my resignation accordingly.

Wish me luck!

I wish you everything you wish for yourself..and I hope your new job is fabulous xx