Negotiating your notice period: What you need to know

Negotiating your notice period: Make sure you’re in the know

So, you have just been offered your dream job, and you can’t wait to start. You might be thinking “Do I have to work all of my contractual notice period?”

If you have a lengthy notice period, you might even have concerns that your new employer may not be prepared to wait for you to join and will hire someone else instead.

You should not simply ignore your contractual notice period as doing so could, in some circumstances, could result in you being sued by the employer you're leaving. However, working out a three, six or twelve-month notice period could slow your career progression and might even harm your future career prospects.

Fortunately, there are things you can do to be proactive if you want to start your new job sooner.

What is a notice period?

A ‘notice period’ is a period of time in which an employee must continue working for their employer after handing in their resignation or being dismissed from their role.

Notice periods are a legal requirement, designed protect both employers and employees by providing time to recruit a replacement for a departing employee, or find new employment whilst still being paid if you’ve been dismissed.

How much notice do I have to give?

Exactly how long you are obliged to work your notice will depend upon the agreed terms of your employment contract.

Your contract should explicitly specific the required period, which can be anywhere between one week and 12 months (though longer notice periods are often reserved for more senior or specialist job roles).

There are statutory minimums that will apply if your employment contract does not state a notice period. These are based on how long you have continuously worked for your employer (i.e. you haven’t previously resigned, been dismissed, or made redundant, and then come back to work):

• 1 month to 2 years: At least one weeks’ notice
• 2 to 12 years: One week of notice for each completed year of service
• 12 or more years: 12 weeks’ notice

Can my notice period by negotiated?

Yes, it can. While your employment contract will state the standard length of time you would be contractually expected to work a notice period, it can be reduced if you and your employer can come to an agreement.

Some employers are quite happy to release employees they see as no longer committed to their organisation, particularly if it could save them money in the short-term while recruiting a replacement.

Similarly, if there is a ready replacement for someone in your role your current employer might be happy for you to leave without working your full notice period.

It may also be possible to negotiate your notice period if you are going for a career change, as your current employer might support your decision to do something you are more passionate about and allow you to leave early.

However, there are some circumstances that can make reducing your notice period more difficult. For example, if you are currently working in a highly trained or technical job role that makes recruiting a replacement difficult, or if you are leaving to go and work for a competitor.

In these circumstances, an employer may be much more reluctant to reduce your notice period, either because releasing you from your contract early would leave them without a valuable and necessary skill set, or because they do not wish to lose an employee to a competitor any sooner than they have to.

How to politely ask to reduce your notice period

The first thing to do is to make sure that you submit your notice in writing. This is because your notice period should start from the moment you submit your resignation. If you do so verbally rather than in writing, the point at which your notice period started could be called into question later. By submitting it in writing, the time of your official resignation is recorded and cannot be disputed.

Before you start any negotiations, you should make sure that you are aware of what is stated in your employment contract, including the length of your notice period and any information about your employer’s approach to things such as gardening leave and ‘pay in lieu of notice’.

To negotiate your notice period, speak to your manager first. Be honest about why you wish to leave the business early, though avoid being too negative. For instance, you may be under pressure from a new employer to start as soon as possible, or you may be looking to relocate and would be unable to commute to your current workplace.

Make sure to bring some solutions to the table for any concerns your employer might have. Options could include developing a training or knowledge transfer plan for current or new employees or actively training your replacement where possible.

Try to emphasise the benefits to your employer if they were to agree to a reduced notice period. For example, shortening your notice period may save them money, and may help to create a smoother transition between you and your replacement if it helps to avoid a prolonged crossover.

Whatever the reason behind your request, remember to stay positive and professional throughout. Discuss any concerns through and work constructively with your manager and HR team to iron out any potential issues wherever possible.

Expert legal support from our experience employment solicitors

Ultimately, while you are well within your rights to negotiate your notice period, your employer is under no obligation to agree to a reduction. This can be frustrating, but it is important not to do anything rash – such as walking out of your job without working notice – as you can find yourself in more trouble.

If you have concerns that your employer has acted unfairly or has discriminated against you during your employment, resignation or termination, or notice period negotiations, it’s important that you speak to a specialist employment lawyer before acting.

Our employment solicitors are highly trained and have the knowledge, skills and experience to handle your case.

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For a consultation, you can call Slater and Gordon Lawyers on freephone 0330 041 5869. Alternatively, you can contact us online and we’ll call you back at a time that suits you.