How much notice do I need to give my employer

A question about : How much notice do I need to give my employer

Hi, I am looking to change jobs but have a concern regarding notice periods.
I have worked for my Employer for 15 years and am under the impression that I need to give 1 weeks notice for every year that I have worked there up to the maximum of 12 weeks. Is that right?

If that is true then if I apply for another job, I need to give 3 months notice to my employer - wouldnt that be a negative point AGAINST hiring me?

Waiting for advise.

Also. My employer changed management 2 years ago, but in the new contract says that service given would continue. so could I argue that I only need to give 2 weeks notice?

Many Thanks.

Best answers:

• It should state the notice period required in your contract.
  I've experienced everything from one week to the 3 months you have mentioned. Usually the latter is for management positions or those deemed more difficult to recruit replacements.
  Do you have any leave left that could be added into the notice period?
  The 3 months can be a bit tricky when offering a start date for a new job but sometimes jobs are already gapped and the employer will hold it open, particularly if you can offer experience and qualifications which reduce any training time the new employer would normally need to provide.
• in my contract it just states the normal along the lines of:
  notice required is 1 week for every year employed up to a maximum of 12 weeks in total.
  Do you think that I could argue that it would only need to be 2 weeks because of the change in management?
• I was employed with my last company for 12 years and had to give 12 weeks' notice.
  If you've had a change in management - has your contract changed? If not, I'd suggest sticking to whatever is suggested in your contract.
• The notice that an employee should give her/his employer before resigning should be in the contract.
  If the employee has no notice provision in her/his contract, then if the employee has worked for one month or more, the statutory minimum notice s/he should give is one week.
  Please read your contract again. See if it states that the notice the employer is required to give to you is 1 week per year, as this is the statutory minimum notice required by law. If it does not mention how much notice you are required to give, then you are only obliged to give 1 week.
• You might be able to negotiate a shorter notice period.. i cut a month off my last one when i asked
• actually when there was a change in management there was a new contract of employment. but this did state that length of service would not be affected.
  i think though that I can use this change of contract to say that I only have to give 2 weeks notice.
• To be honest, there is very little your employer can do if you leave without giving any notice. His only option is to take you to court, but that won't happen. He cannot withhold any of your pay or holiday pay as that would be unlawful and you could take him to a tribunal.
  I remember when I was recruited by a company that wanted me to start immediately and I said that I owed it to my present employer to work a month's notice. He asked if I would just leave, so I said I could, but would he like me to do that to him when I got my next job. That shut him up!
• on the note of holiday pay...
  we get holiday of 24 days a year. but holiday still accumulates after that is used up. this holiday pay that has accumulated is not paid to us at the end of the year - but did used to be under the previous management.
  Should I be entitled to this holiday pay? and ask for it. is all holiday legally to be paid at the end of the year if not used up?
• What you had was a transfer of undertaking (TUPE). Your employment rights continued as if nothing had happened when the business was transferred so you have 15 years service for redundancy purposes and notice (notice to you).
  Have another read of your contract as I suggested earlier.
  Or give ACAS a ring if you still have doubts, 08457 47 47 47
• The statutory holiday is 24 days (28 days from 1st April 2009). I'm afraid I don't see how you can get more when you've used it up. Most employers allow you to take holiday before you have accrued it. If you leave before you've earned it you have to pay it back. Any accrued holiday is given as pay when leaving.
• we get paid every 2 weeks. every week we accrue holiday pay based on how much we have earned for that pay period.
  even if i had taken my stat hol pay last year. i am still accruing holiday pay for the rest of the year up until the end of the year.
• Sorry friend I have to go now.
• So any paid time you have over and above the statutory minimum is the company's scheme. It can set the rules about being able to carry holiday over to the next holiday year or to be paid in lieu.
  So what needs to be looked at is whether they have gone about changing their rules properly because previously you could be paid for holiday not taken and now you cannot. Did they ever consult on this?
• we had a meeting when management changed and the new contracts were bought in.
  i will have to double check the contract.
  but gotta go to work soon so will check back tom.
  thanks for ur input guys.
• [quote=needaspirin;17235139]To be honest, there is very little your employer can do if you leave without giving any notice. His only option is to take you to court, but that won't happen. He cannot withhold any of your pay or holiday pay as that would be unlawful and you could take him to a tribunal.
  Agree with the comment above that your current employer can do very little if you stick to your guns and state a day that you want to leave by. The only thing to consider is that you will be ' burning your bridges' and you never know who you may bump into further on in your career! By working your contracted notice period is advised but to your new employer shaving off a few days and starting a little earlier may help them. The new employer will always ask if your notice can be negotiated (why wouldn't they)it just depends where your loyalties lie??