Employment Law - resigning from job

[cappuccino]

My contract states that I have to give 2 months notice to quit. How strictly could I be held to that?

[LisaandPaul]

I am pretty much sure no employer can hold you to this. They may hold any outstanding pay etc. But under Human rights law you are allowed to withdraw your labour at no notice and without giving any reason.
I think all they can do is maybe hold any pay due and obviously you wont be able to use them for a reference etc.
If you are leaving as you have found a better job and the new employers cant wait that long, then if the job is really what you want then go maybe say you will do a 2/3 weeks notice.

Regards,

Paul

[cappuccino]

Thanks Paul. I have been going through my contract with a 'fine tooth comb' and its full of contradictions. One part says one month and another part says two months. Also, they haven't fulfilled some of their obligations ie to advise me after 3 months that I have successfully completed my probationary period (I have been there for nearly 5 months) so I feel I probably have room to negotiate!

[M-Squared]

Hmmmm I don't know! I signed a contract with a very strict 6 weeks' notice. Might want to consult a lawyer? Sorry, am no help here.

[Alan]

After going through a tough situation in the UK my advice would be to be careful in terms of burning bridges etc.

Paul, if you refuse to work then can't an employer start disciplinary procedures, and surely at some time after refusing to work ypu are still going to have to give notice if you are not going to give that reason at the time of refusing to work?

Also if they withhold pay then they can also withold any other benefits that may be part of the overall package.

[Oregonkiwi]

I agree with M-squared and Alan - be careful - if you signed a contract then you are bound by its terms. The employer might agree to let you leave earlier, but they don't have to.

The Department of Labour says:
http://dolworkplace.custhelp.com/cgi...Y9JnBfcGFnZT0x

"If the amount of notice required is specified in the written employment agreement, then the employee must provide that notice unless the employer agrees otherwise.

If the employee terminates their employment without giving the required amount of notice, the employer cannot make deductions or withhold their wages or holiday pay unless the employee has given their written consent to make the deductions. This is specified in the Wages Protection Act 1983. However, a written employment agreement may contain a clause giving the employer permission to deduct wages in the event the employee terminates their employment without giving the required amount of notice. If the employee has signed the agreement, this can be taken as written consent for the employer to make this deduction.

If the written employment agreement does not have such a clause as outlined above, the employer will not be able to deduct money from the employee's final pay. If this is the case, the employer still has the right to pursue the breach of agreement as an employment relationship problem through the institutions like Mediation and the Employment Relations Authority."

[Alan]

And then there is the ongoing grief associated with not being able to get a reference, the chance that word spreads etc etc.,

If it is a competitor in the same field then just handing in your notice and telling a company where you are heading normally means they say you can go straight away on full pay as they wouldn't want you having access to their information any longer than they have to.

[BaldyBeardyBloke]

You sound like you're doing the right thing for now. Attempt to get a shorter deal by negotiation. It will save a lot of hassle in the future if you can agree terms.

If possible, and if your line manager isn't approachable, do it through ther HR people who are less personally involved with you.

[kanatakiwi]

As you note there is a contradiction in the contract in terms of notice required, I think you have a bit of room to negotiate. My OH had a contract that said that. but he negotiated it down to one month when he finally left but it was clear they could have made him stick to the 2months if they wanted to. Luckily they liked him and didn't want to make things too difficult for him.

[CityBlue]

I had a 3 month notice period in my contract and negotiated down to 6 weeks. Boss was more than happy to help provided I handed all work over within that time period to their satisfaction.

Basically - talk to them and explain the situation - If this gets you nowhere then I would definetly mention the contract contradictions