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question on offer period and notice period in UK

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tkpvijay
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Joined: Sat Feb 02, 2008 2:05 pm

question on offer period and notice period in UK

Post by tkpvijay » Tue Jul 08, 2008 4:18 pm

Hi Friends,
Thanks for immigrationboards, I was able to get my HSMP and land here in UK. I was searching job and got a job from an indian based company with UK office. They have taken me as HSMP contract employee.. As I did not have much knowledge on the job market I took the offer immediately - but now is the problem.. I signed the offer of employement which state, "you agree to work with XYZ company for a period of atleast 12 months with 1 month notice period" - its been only 2 weeks into this company and they have deputed me in a remote place for their client project - I am not feeling comfortable with the company and I am getting good offers - now this is my question -
1. Do I have to serve the entire 12 month period and then only put the notice period?
2. If I get another offer, can I put the notice period and leave immediately?
3. What should I say for the next company in case I had to come immediately, which I cannot do with the 1 month notice period?
Please help.

ubugger
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Posts: 44
Joined: Thu Dec 07, 2006 12:22 am

Post by ubugger » Tue Jul 08, 2008 6:25 pm

To be honest, you'll have to look at the actual contract wording itself, that will vary the options. The way it's worded 'minimum of 12mths' would mean you have to work a minimum of 12mths, then after that it would be a 1mth notice period. If you can think of some inventive way to get out of it, you could try that, but your chances are slim. A contract in the UK is a contract properly. You may find the company seeking damages from you if you leave and it causes issues... Just a warning.

You'd have to quit your current role and look for work, 1mth notice is exactly that, 1 mth. Unless you and your current employer can agree on an early end date... You're stuck.

vnvijay
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Location: Bangalore
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Re: question on offer period and notice period in UK

Post by vnvijay » Tue Jul 08, 2008 7:00 pm

Hi vijay,

Which feild are you from?

In UK if you dnt follow the contract, you will need to pay the loss for the same.

so i would advise you that, tell them that you need to go back to your home country due to some issue with family & get out of it, just try to request them.

Always you need to read the contract before you sign.

VJ
tkpvijay wrote:Hi Friends,
Thanks for immigrationboards, I was able to get my HSMP and land here in UK. I was searching job and got a job from an indian based company with UK office. They have taken me as HSMP contract employee.. As I did not have much knowledge on the job market I took the offer immediately - but now is the problem.. I signed the offer of employement which state, "you agree to work with XYZ company for a period of atleast 12 months with 1 month notice period" - its been only 2 weeks into this company and they have deputed me in a remote place for their client project - I am not feeling comfortable with the company and I am getting good offers - now this is my question -
1. Do I have to serve the entire 12 month period and then only put the notice period?
2. If I get another offer, can I put the notice period and leave immediately?
3. What should I say for the next company in case I had to come immediately, which I cannot do with the 1 month notice period?
Please help.

netacct
Member
Posts: 241
Joined: Sun Mar 18, 2007 9:51 pm

Post by netacct » Tue Jul 08, 2008 7:49 pm

In UK, Contract is really a contract and generally honored.
They can sue you if you break it.

But I can almost say 100% that no company will take you to court unless you really do so doggy stuff. Its just not worth taking someone to court just for not giving proper notice.

In fact, in my company couple of guys left without proper notice but nothing happened.

BUT Its not a good practice to do because you agreed to something and you must respect it.

If it was me, I would discuss with them or as someone said, just say got some family problem in India...but what if they ask you to join them in India :-)

gotcha
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Posts: 478
Joined: Wed Aug 08, 2007 6:34 am

Re: question on offer period and notice period in UK

Post by gotcha » Tue Jul 08, 2008 7:55 pm

tkpvijay wrote: its been only 2 weeks into this company and they have deputed me in a remote place for their client project - I am not feeling comfortable with the company
Two weeks is little time to judge any job. And I assume that, it would have there in their contract , about client locations.
and I am getting good offers
If this is the reason , and you want to get out, then you should wait till this contract is over. As told earlier, contract is contract, you agreed to something. Don't tell that, you haven't noticed it when you signed cotract.
3. What should I say for the next company in case I had to come immediately, which I cannot do with the 1 month notice period?
Everybody in this world will wait for atleast 1 month. If not, I would not prefer to join their.

tkpvijay
Newly Registered
Posts: 5
Joined: Sat Feb 02, 2008 2:05 pm

Post by tkpvijay » Tue Jul 08, 2008 8:12 pm

thank you friends,
As I am new to this contract concept it was my mistake to have not taken notice of the wordings in the contract.
yes, 2 weeks is a little less time to decide on the contract, but my situation here is not looking good, thats why looking out to get off so early..
I am into Information Technology stream..
yes, as you guys say, a contract is a contract and notice period has to be respected, so, the only way out seems to be discussing with the manager and serving the notice period and trying to leave out in good will..
but my question is here only, I am ready to serve notice period ( as mentioned in contract document) for 1 month, but what if I get another good offer within 12 months? - do I have to serve the 12 month period with the company, even if I accept to give a notice period of 1 month?
Thank you again guys.. for explaining the consequences.. it was really a good information..
the contract says I will be working based out of their london office and might be asked to go to short term to client locations.. but I dont know whether I would be struck up here in the client location for the entire term..thats why a bit apprehensive in hurrying to make a decision now as it will be very late to tell afterwards...

gotcha
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Joined: Wed Aug 08, 2007 6:34 am

Post by gotcha » Wed Jul 09, 2008 9:36 am

tkpvijay wrote: but my question is here only, I am ready to serve notice period ( as mentioned in contract document) for 1 month, but what if I get another good offer within 12 months? - do I have to serve the 12 month period with the company, even if I accept to give a notice period of 1 month?
Nobody could tell you about this. This is totally depend on what you have agreed with your employer. And how you are going to convince your manager to leave you?

And if your manager wants you to respect contract period, why you would look for another "good" offer. And if he agrees to relieve you, that could be different story altogether.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Jul 09, 2008 10:04 am

the contract says I will be working based out of their london office and might be asked to go to short term to client locations.. but I dont know whether I would be struck up here in the client location for the entire term..thats why a bit apprehensive in hurrying to make a decision now as it will be very late to tell afterwards...
A contract works both ways. That is, if the employer breaches it, by sending you full-time to the client's location, that is not in accordance with the wording and you would be justified in ending the arrangement early.

Also, if you do end it early, and (very unlikely) they do sue you in Court, the amount they would get would be limited to their loss, and they would need to provide evidence of that loss.

I think you need to discuss with your employer how long you are likely to be working at the client's location. If that time is excessive, promptly give them one month's notice. The point is that if you do give notice, giving them time to rearrange staff, effectively their loss is going to be NIL ... nothing to sue you for.
John

vin123
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Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Wed Jul 09, 2008 3:59 pm

As already mentioned, there is no easy way of breaking a contract. Best thing to do is agree mutually, put the same in writing and say goodbye and get out as early as possible without getting into any legal hassles.

However, there is an option to work a case out, if your offered job profile does not match with what was being advertised and interviewed for, since you are only 2 weeks into employment. If you really think employer(XYZ) and the job offered was a farce, and absolutely sure with another job offer in hand you could play your cards that way!.
When 'challenged' in such a legal angle, sometimes employers themselves might let you free if your skills are easy to find and replace (since you are into IT, it most probably is) . By the way, keep in mind that a good employment solicitors' hourly rate probably exceed than yours!. I honeslty DO NOT recommend this route unless there is an absolute necessity.

How are you being managed at the clients location? If you are contracted-in and working directly for your client, sometimes people at your clients side stands more favorable and helpful than your own employer to find a different role. Of course, moneywise, needless to say they are helpless.
tkpvijay wrote:thank you friends,
As I am new to this contract concept it was my mistake to have not taken notice of the wordings in the contract.
yes, 2 weeks is a little less time to decide on the contract, but my situation here is not looking good, thats why looking out to get off so early..
I am into Information Technology stream..
yes, as you guys say, a contract is a contract and notice period has to be respected, so, the only way out seems to be discussing with the manager and serving the notice period and trying to leave out in good will..
but my question is here only, I am ready to serve notice period ( as mentioned in contract document) for 1 month, but what if I get another good offer within 12 months? - do I have to serve the 12 month period with the company, even if I accept to give a notice period of 1 month?
Thank you again guys.. for explaining the consequences.. it was really a good information..
the contract says I will be working based out of their london office and might be asked to go to short term to client locations.. but I dont know whether I would be struck up here in the client location for the entire term..thats why a bit apprehensive in hurrying to make a decision now as it will be very late to tell afterwards...

netacct
Member
Posts: 241
Joined: Sun Mar 18, 2007 9:51 pm

Post by netacct » Wed Jul 09, 2008 11:55 pm

I am not sure whether you have already received other good offers or you are thinking of looking.

But IT market has already started getting worst. Indians companies like TCS, Patni, IBM have already started layoffs and some companies even in UK.

So plan your moves properly.

A dreadful job is much better than no job at all.

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