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Notice period

Old 1st Apr 2001, 20:40
  #1 (permalink)  
Hang the Bandit
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Question Notice period

I have been offered a position with another company offering a great improvement in my life. But, the position is available early May with no possibility to delay my joining. Basically, it is take or leave it. Now, my present (UK)employer isn't allowing me to leave before the end of the 3 months required.
I have discussed with him and have no problem in finding a replacement, paying the bond, help out for training if required and whatever else I can do to minimise the disruption that I may cause (not much flying at the moment).
My question is: What happen if I leave despite his opposition ?
Advices and experiences sought.
Old 1st Apr 2001, 20:46
  #2 (permalink)  
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Beware the company that does not respect your current employment conditions. Don't get yourself a bad name in aviation it's a tiny world. If it is impossible to negotiate a fair deal all round - it's usually a bad deal. You will find that the two chief pilots are talking anyway and could save you the bother!!
Old 1st Apr 2001, 21:21
  #3 (permalink)  
Posts: n/a

Was in the same position about four years ago. Check your contract and run it by a good lawyer (contradiction in terms I know!!). Got offered the job with my current employer with three days notice (course dropout). I turned the job down even though I had no contract, but was lucky enough to get a second chance a couple of weeks later. This allowed me to give a months notice which I thought fair. They decided that I should have given 3 months notice and dismissed me on the spot!!! I was a mug! I lost a months wages and paid the price for being trusting my then emloyers... Moral .. look after Number One if it's legal. You may not get a second chance. Good Luck.
Old 1st Apr 2001, 21:45
  #4 (permalink)  
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Be sure to check out what the notice periode is according law. A lot of countries only allow a one month periode according law.
Old 2nd Apr 2001, 02:39
  #5 (permalink)  
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Dear HangTheBandit,
Please go through your contract papers carefully. No contract can bind you for life. Most countries have only 1 month as notice period or pay in lieu of. Even your current employer is trying to put a spoke in your carrier progression, why should you bother. If the new job is good and you are able to explain your position to the new employer, if he agrees to take you then there is no problems. Give them whatever notice you can and leave. Rest can be settled later.
Good luck with the new job.........
Old 2nd Apr 2001, 12:28
  #6 (permalink)  
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Worth checking with a legal man but, if you are paid on a monthly basis then I believe that you are only required, in law, to give one months notice. That said, don't get yourself a bad name in avaition, it is too small. If your new and prospective employer is insisting you break your existing contract then I would not trust him.
You have 'shown your hand' to your present employer so you are now 'stuffed', if you are worth having then your new employer will just have to wait.
(P.S. Laker had a six month notice clause, no one ever worked it and none were taken to court).
Old 2nd Apr 2001, 15:46
  #7 (permalink)  
Hooligan Bill
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Hang the Bandit

Having been in this situation before, ie. requiring to give 3 months notice, I would suggest you take advice from your union or solicitor. I was advised that despite what is written in your contract, legally, you are only required to give one week's notice. If your contract specifies a long time than this, then it is up to the employer to take action under 'breach of contract'. The worst outcome is the court could find in their favour and an order can be placed on you, stopping you taking up the new position until the end of your contracted notice period. The books I read on the subject say that this option is normally only used in rare cases, as the employer has to prove that they have lost out via your early departure. All in all, as others have said, it all depends if you want to run the risk of getting a reputation.
Old 2nd Apr 2001, 15:54
  #8 (permalink)  
Hang the Bandit
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Looks like I have to stay there then. Thanks for your advices.
Morale going down the sink
Old 2nd Apr 2001, 16:18
  #9 (permalink)  
Anti Skid On
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Firstly, I work in HE, not aviation. Seen several cases where individuals have just got up and walked (despite 6 month notices needed).

You have done the right thing, been upfront and appear willing to help out with the replacement. Would an employer rather have someone who is motivated to the company (e.g. your replacement) or someone looking to get out (assuming you have to stay)? Plant that seed and watch it grow.

Also, be very upfront with your new employer - you are desperate to work for them, it is in no way your fault.

You also may wish to check your leave entitlement - have you any to take, are there any length of service add-on's for leavers (I get 1 day extra for each years service when I leave post)
Old 2nd Apr 2001, 19:03
  #10 (permalink)  
Posts: n/a

Hang the Bandit,

Don't give up hope!

Take your contract and go and see one of those soliciting folks (and not the type to be found outside a street corner on Frday nights).

If your employer is entitled to the three months notice, then they can try to get an order making you stay (probably not in their interest to keep a disgruntled employee) or they can try and claim cash from you for their "loss" (ie cost of replacing you) - which will probably not amount to too much.

If you did just leave, you have to bear in mind what everyone else has been saying, about how this will look to future employers.

Good luck

Old 2nd Apr 2001, 19:17
  #11 (permalink)  
Posts: n/a

How much leave do you have?
If you have say 15-20 days saved up that would get you out a month sooner. would you be able to get away with taking unpaid leave?You might be able to swing it that way.
Old 2nd Apr 2001, 19:38
  #12 (permalink)  
Max Continuous
Posts: n/a

Morally, if you've signed up to a three month notice period, then you've little option but to accept the conditions you've agreed to.

If it's the job offer of a lifetime and you've been straight with your old employer and agreed to pay your bond and help out wherever possible, I can't see it's in your present employer's interests to hold on to you .... there is surely nothing worse than an alienated employee. In that position, if you felt suitably aggrieved, you could present any number of problems - e.g. short notice "sickies", finding tech. problems, being generally unhelpful etc.

If I was your employer, I'd let you go.

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