Contract of Employment Question

[FiveFingers]

Hi,

My partner has been advised several times by his GP and a specialised consultant that he needs to leave his current job for health reasons. For several reasons, he hasn't been able to leave yet. However, another employment opportunity may soon be presented that would eliminate all the issues that are contributing to his current state of health (long working hours, substantial daily driving, stress). Even this week he is out sick from work with stress and exhaustion.

His contract states that he must give 3 month's notice, as he is in a management position. How binding is this? Could he possibly give one month's notice given the current state of his health? What are his options?

Thanks
FiveFingers

 

[shipibo]

If he is sure he has the next job , he should discuss this with his HR Dept.,
Highlighting his medical recomendations.


I have seen contracts stating you cannot work for a competitor for this period of time, but 3 months notice is quite unreasonable.

Only thing they could do is withhold Monies owed (Monthly pay, Holidays, etc....), but it seems your husband has a legitimate reason for leaving, and would have a strong case if he took it to arbitration.

 

[casiopea]

3 Months notice is quite common in European and American companies. My company is also 3 months notice, one of the contributing factors for this is handover of a role, if someone is in a senior position it can cause problems if they disappear over 4 weeks (the 1 month notice period).

As crumdub12 recommended he should approach HR Dept highlighting his medical recommendations and ideally showing how he isnt required for 3 months to do a handover. If he can show this then he stands a very good chance of leaving after a shorter notice period.

 

[FiveFingers]

Thanks for your replies. He's going to discuss it with his consultant, she might have more ideas.

Also, he works in the public sector, I wonder if that makes any difference?