Notice handed in getting nasty

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Frank

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My Fiancé handed in notice at work on Tue after receiving and offer for a new job.

Contract states 3 months notice.

My reading of citizens information is that a contract is a contract and the company can insist of the 3 months.

Am I correct.
Can holiday entitlement be used as part of notice?

She put in for 5 weeks. initially they were shocked with offers of more, but now they have become nasty.

The worry is that the new opportunity may dry up.

Any help much appreciated.
 
I think 3-months is unrealistic unless it is very high-powered, very skilled and in a very competitive field where the employer will have difficulty finding a replacement.

One month would do it for me - irregardless of what it says in the Contract. Whats the worst they could do - fire you? (Perhaps - and illegally - hold back your wages ? A solicitor letter would sort that out pronto)

yes, holidays accrued are normally allowed in final months - but I think some latitude has to be given to the employer ie if they need you to work the final days/weeks - you should try to do so. Are you entitled to 5 weeks? If not, you can't claim for them.

*The above without looking Citizens Information which would be more authoritative*
 
After some of the nasty comments today she is going to leave regardless of the other job if it needs to be 3 months so be it.

Agreed that 1 month to 6 weeks would seem to be plenty to any reasonable person but panic brings out the worst in people sometimes.
 
I think by law you have to work your notice. But its usually not as long as 3 months. Twice I have been asked to work my notice. One of those time was simply being vindictive, as there was no need for it. The other time they asked would I, and I agreed as it suited both parties.

I think its a little bit self productive, as the employee could cause a lot of problems, if they were very unhappy to work out their time. In some industries it would be seen as a security risk. Other its would be expected as a sign of professionalism to assist in transfer of the work/role to someone else.
 
Normally security escorts you off the premises once notice is given.
 
In some places, if its sensitive data or you can do harm, or steal customers, business, they'll remove you off the premises immediately. Lock down your access to the computers network etc. I've only seen that in a redundancy situation. Nasty though.
 
Time said:
Normally security escorts you off the premises once notice is given.
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If you're lucky! I've always had to work my time.

Unless in a management position, 3 months is unrealistic. If they are getting nasty over her leaving, she should tell them that it is probably in all their interests if she leaves immediately. See what they say then.

It amazes me how some employers take it personally when someone hands in their notice. These are usually the same people who don't think twice about shafting their employees. It's a two way street you know.


Steven
http://www.bluewaterfp.ie
 
In any job I have had once notice is given, you are given a box and told to clear your desk and get the hell off the premises. I think they were afraid you would take files, client lists etc.
 
Going on conversations they are being spiteful.
Slating the new employer claiming the move will pigeon hole.
MD is under pressure from above and lashing out.

Time to just suck it up and hope the new place will wait.

It's Friday a few drinks and a reminder of work to live not live to work I think.

Thanks all for replies.
 
Frank;
If they stay (crankey) they can hold you to the 3 months.
They could put you on (gardening leave) , ie pay you for 3 mths to do nothing.
Suggest;
On Monday meet the MD and impress on him ,that you have no issue with present job and did not in any way wish to upset them, but feel the new job suits you now.Could it be hours are better, nearer home, less stressful and pidgeon hole suits you?. In NO way infer your present job (sucks) (not saying it does).
Ask him how you can help his company before moving to new job.
He may relent a little.
ie; Always good to leave on good terms.He may not hold to 3 mths.
 
Contract states 3 months notice.

She put in for 5 weeks.
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Presumably she read her contract when deciding on her current job? She saw the notice period of 3 months and signed the contract.

Time to just suck it up and hope the new place will wait.
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Presumably when she was offered the other job offer, she told them that she had to serve 3 months' notice? And presumably they agreed to this. So of course, they will wait.

As an employer, I would be very annoyed if someone said that they wanted to serve a shorter notice period in the contract. If they came to me and gave me formal notice of three months and then asked nicely if they could go earlier, I would talk to them about it. But I would react very negatively if someone "put in for 5 weeks" whatever that means.

It seems to me that your fiancé is being nasty and not the employer.
 
Brendan

Unless she is in a very high position, 3 months notice is unenforceable. It is totally unreasonable for an employer to impose such a long notice period on a staff member who is not going in direct competition with them (and I mean going out on their own or running another company) as it can effect their ability to find another job. Unless they are of exceptionable ability, most potential employers will not wait that long. If it's a close race between two candidates, the one with 1 month notice will probably win out.


Steven
http://www.bluewaterfp.ie
 
SBarrett said:
Brendan

Unless she is in a very high position, 3 months notice is unenforceable. It is totally unreasonable for an employer to impose such a long notice period on a staff member who is not going in direct competition with them (and I mean going out on their own or running another company) as it can effect their ability to find another job. Unless they are of exceptionable ability, most potential employers will not wait that long.
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In Germany three months is standard, in fact, three month from end of quarter (which could end up being nearly six months) is not unusual. And German companies now operating in Ireland (e.g. Aldi or Lidl) often just do what is normal to them. I had a friend who worked for a German company and had such a three-month notice period. When she actually handed in her notice though she was called into the MD's office and told she could finish up at the end of the week. They paid the three months but didn't want her around - the had the opinion (not entirely false IMHO) that once someone has handed in notice, they've mentally already left the job anyway. At any rate, although it's not standard in Ireland, if she's working for a foreign company that could be the reason for the long notice period.
 
SBarrett said:
Unless she is in a very high position, 3 months notice is unenforceable. It is totally unreasonable for an employer to impose such a long notice period on a staff member who is not going in direct competition with them
http://www.bluewaterfp.ie
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There is nothing unreasonable at all in this. She signed a contract. She knew that it was 3 months' notice. She could have asked for it to be reduced at that stage.

It's not just for a senior position. She might be in a position which is difficult to fill and it could take the employer 3 months to find a replacement.
 
Time said:
Normally security escorts you off the premises once notice is given.
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Is this a US practice? I note in the States, if you are made redundant - but turn up for work the next day and actually work (!), you haven't been made redundant - hence the need for burly security guards to pack up belongings and escort you out.

If working in a sensitive area, then you might be placed on garden-leave - - but rarely escorted of the premises ... ... !?
 
Brendan Burgess said:
There is nothing unreasonable at all in this. She signed a contract. She knew that it was 3 months' notice. She could have asked for it to be reduced at that stage.

It's not just for a senior position. She might be in a position which is difficult to fill and it could take the employer 3 months to find a replacement.
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Hi Brendan, UK & ROI Courts have often taken a contary position.
 
In some cases where people are fired, they are brought to their desk to take any personal belongings and are then escorted off the premises.

It's a bit late doing it for someone who is resigning as they have had plenty of time to do any damage they wished.

Brendan
 
SBarrett said:
Brendan

Unless she is in a very high position, 3 months notice is unenforceable. It is totally unreasonable for an employer to impose such a long notice period on a staff member who is not going in direct competition with them (and I mean going out on their own or running another company) as it can effect their ability to find another job. Unless they are of exceptionable ability, most potential employers will not wait that long. If it's a close race between two candidates, the one with 1 month notice will probably win out.


Steven
http://www.bluewaterfp.ie
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Do you have a legal reference to support this? I have an interest in this. Thanks.
 
Janet said:
In Germany three months is standard, in fact, three month from end of quarter (which could end up being nearly six months) is not unusual. And German companies now operating in Ireland (e.g. Aldi or Lidl) often just do what is normal to them. I had a friend who worked for a German company and had such a three-month notice period. When she actually handed in her notice though she was called into the MD's office and told she could finish up at the end of the week. They paid the three months but didn't want her around - the had the opinion (not entirely false IMHO) that once someone has handed in notice, they've mentally already left the job anyway. At any rate, although it's not standard in Ireland, if she's working for a foreign company that could be the reason for the long notice period.
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Yes it is normal for junior positions in Switzerland too and a minimum of 6 months from team lead up. Swiss companies also apply the same rules abroad unless prohibited by law.
 
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