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3 month notice & change to T&C's

3 Month Notice Period

The company I work for would like to implement a 3 month notice period imminently for all levels of manager's and accountants as well. Their thinking to this change is for a bit of a security blanket offering during a period of rapid growth and change for the organisation. The roles and geographical locations are specialist/hard to recruit for, so a longer notice period buy's them more time to find replacements.

I am looking for advice on the following:

  • The pro's & cons to making this change?  Any potential implications etc. or e.g. will employees mentally have disengaged at the start of the 3 months anyway.
  • Should they be considering complications of access to company info and trade secrets during a longer notice period.  Perhaps they should have a gardening leave clause in T&C's?
  • What would be the stages of work I would need to carry out to make this happen for the organisation?
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  • Hi Pam

    Forgive me if I’m misunderstanding, but employer unilaterally changing notice requirements to three months on either side - ie length notice of termination to be given by employer to employee and vice versa - can’t be contractually valid unless employees agree to the change. And employees with eg 12 or more years service get 12 weeks notice entitlement anyhow and employer cannot feasibly compel employees to remain at work during their contractual notice period - let alone to work with engagement / enthusiasm during their notice period

    Your employers might be advised to seek some bespoke expert guidance about how to implement the change / how best to achieve their objectives in making it

  • In reply to David:

    This is very helpful David thank you! My understanding is they are requesting this in the context of employee giving notice to employer.
    Forgive my lack of experience, this is my first HR role, you mention 'cannot feasibly compel employees to remain at work during contractual notice period'; can you explain more on that to me please? Is your thinking in the context of you can't prevent someone being signed off sick?
    Do you have any suggestions on alternative approaches to the companies insecurities?
  • In reply to Pam:

    If someone wants to leave they will. You can't chain them to their desk. If they want to work say one months and say to you they are not working the other two then there is next to nothing you can do. Notice periods rely on good will rather than any real sanction. (well employee to employer does)

    You can try and get sufficient clauses in their contracts around protecting your clients and your customers. You can treat them right so they don't want to leave. You can work on ensuring that when someone inevitably does want to leave you handle it professionally and as quickly as possible.

    Most people now recognise that long notice periods are largely a one way deal - they benefit the employee in redundancy situations but are very hard to enforce for the employer and rely on huge amounts of goodwill (which is often not there is the person is leaving)

  • The pro's & cons to making this change? Any potential implications etc. or e.g. will employees mentally have disengaged at the start of the 3 months anyway.
    - Quite possibly!

    Should they be considering complications of access to company info and trade secrets during a longer notice period. Perhaps they should have a gardening leave clause in T&C's?
    - If you put the employee on garden leave, for example, or want to pay them PILON, then you are opening yourself up to additional expense.

    What would be the stages of work I would need to carry out to make this happen for the organisation?
    - Consultation first and foremost!