Perm position- negotiate down the notice period

[loden]

I have been offered a contract role, which I want to take. However, I'm currently in a perm position with a notice period of a whooping 3 months. The agency said that the client can wait for me max 1 month.

Is it common practice to negotiate down the period from 3 to 1 month? After all, they'll know that I want to leave and why keep me for the full notice period.

[northernladuk]

It happens but I wouldn't say it's common. If they do it for you everyone is going to want it causing them a headache. I certainly wouldn't be banking on it. You are just going to have to ask them.

On a side note. The chances of that gig still being open in a month is in the lap of the gods. A month is a very long time to wait for a contractor and a lot can happen in the meantime. Wouldn't be the first time we've seen a permie try dovetail notice and a new gig and it fall around his ears. I'd say stick your notice in and go contracting. Don't try do it while you are in a gig.

Also note there is a fairly common saying that goes along the lines of 'the second gig is the hardest to get'. You've got income coming now, you won't when your first gig ends.

[tarbera]

3 months notice period

Let me guess the penalty clause in your contract

"Wow" no Penalty clause, it just says 3 months notice period

What does it mean

It means - start the new contract

[NotAllThere]

The way UK law employment law works, it's extremely difficult to enforce a notice period on employees that is longer than the payment period.

Your employer cannot force you to come in to work. If you don't come into work, he could of course not pay you - or sack you for gross misconduct - at which point your free.

If you breach your contract by leaving early, your employer could technically take you to court. The chances of them doing this are slight, and depend on the circumstances.

'Do I have to work all three months of my notice period?' | This is Money

A negotiated reduction is your best option however. Just say you wish to leave early. If they're obdurate, point out gently that you could just not come into work for the duration, and you wouldn't be in breach, but you don't want to do that. It's probably a good idea to request that HR are at the meeting with your boss - the HR drone should be aware of employment law, and the limited options the employer has.

[Lance]

I agree with the other posts.
Also the only real penalty they can have over you us around any training courses that they may want you to pay back. I'm normal circumstances this is difficult for them to enforce, but it may be easier for them if you breach your employment terms.

[Eirikur]

Most companies will let you go earlier, unless it's really a position that is very difficult to fill up. Do you have any annual leave left?

[pr1]

tell them you're moving to a competitor they might let you take the 3 months as gardening leave

[NotAllThere]

tell them you're moving to a competitor they might let you take the 3 months as gardening leave

Gardening leave means you don't work during that time - you remain employed and your salary is paid as normal. If you're on gardening leave and then go and immediately work, and they find out later that you took the 3 month's pay, they'll take steps to get that back.

[TheFaQQer]

Read the contract carefully - my last permie job had two clauses about notice. The first said either side had to give four weeks notice, the second said that I could waive my right to give notice (I think they meant to receive notice).

When I was leaving, they spotted this and asked me whether I would be prepared to remove that clause - I offered to do it for £15k which they declined for some reason

In the end, I told them that I would finish my work and hand over before the end of the following week and then left on reasonably good terms.

[pr1]

Gardening leave means you don't work during that time - you remain employed and your salary is paid as normal. If you're on gardening leave and then go and immediately work, and they find out later that you took the 3 month's pay, they'll take steps to get that back.

so pay it back, it's still effective zero notice period to start the contract