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Change of terminating notice in permanent job conditions

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    #11
    Dave: you are aware that under UK employment law, notice periods are notoriously difficult to enforce, especially one that's unequal?
    HR: er...
    Dave: you're also aware that if I don't agree, and you give me notice, the chances are very high that I'd be able to sue you for wrongful dismissal?
    He: er...
    Dave: OK, think on that, see you Wednesday.

    HR exists to further the interests of the company, not the employee. They will do their best to mislead you. They rely on most employees not being aware of the law.

    When I quit my last job in the UK, at my exit interview I was asked, should they dismiss a problematic individual, whether I thought he would sue for wrongful dismissal.

    Like agencies - HR are not on your side.

    That being the case, I'd just tell them I'm leaving. Give them a date, and if they want to terminate earlier, get some legal advice before agreeing anything.
    Down with racism. Long live miscegenation!

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      #12
      Originally posted by cheezdog View Post
      Soon after you posted this, my HR manager came online:

      Dave: i got my employment contract on Thursday
      HR: yeah everyone did
      Dave: the only major issue I have with it is the 3 month termination notice period
      HR: it's been changed for all specialist/hard to fill roles
      HR: particularly business critical roles
      HR: can't expose the business to not having time to fill them and have continuity of cover like has happened previously
      Dave: it just means i have to seriously think about what i'm going to do in the next 3 months
      HR: in terms of going home?
      Dave: yes
      Dave: got some things to think about over the weekend
      HR: well I'm in your office on Wed/Thurs we can talk about it then
      Dave: ok

      Will see how I go..
      Explain the situation, but stand your ground. I can virtually guarantee that they will cave in.

      If you have in your mind a leaving date, they you could always accept the new arrangement on the proviso that you will leave on that date (if it is less than 3 months).

      That way, they effectively get 2-2.5 months notice, which gives them time to fill the role and know where they stand.

      The alternative is that they give you one month's notice, open themselves up to an unfair dismissal claim and lose your skills and knowleddge all the quicker...

      Their hand isn't strong enough and it won't take them long to work that out. They'll fold...

      Comment


        #13
        Originally posted by NotAllThere View Post
        Dave: you are aware that under UK employment law, notice periods are notoriously difficult to enforce, especially one that's unequal?
        HR: er...
        Dave: you're also aware that if I don't agree, and you give me notice, the chances are very high that I'd be able to sue you for wrongful dismissal?
        He: er...
        Dave: OK, think on that, see you Wednesday.

        HR exists to further the interests of the company, not the employee. They will do their best to mislead you. They rely on most employees not being aware of the law.
        Unfair, as in: you give 3 months notice because you want to leave in 3 months, they respond by giving you 1 months notice....

        Re: HR, that's for sure.

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