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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75108
Experience:  Qualified Solicitor
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I have resigned and asked to cut my notice period. My

Customer Question

I have resigned and asked to cut my notice period. My employer wants to cut my notice period from three months to three weeks, which is far too short as I won't start my new job yet. They are doing this to save money as I won't have much work to do. Can I ask them to add a period of gardening leave at the end if there is no work to do and negotiate a more reasonable notice?
JA: Where are you? It matters because laws vary by location.
Customer: London, UK
JA: What steps have you taken so far?
Customer: They have sent me an email to tell me my revised end date (24th sept) and I haven't yet replied to this email.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, that's everything
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 17 days ago.

Can I just check how long you have worked for your employer? and is 3 months your contractual notice period?

Customer: replied 17 days ago.
I am a permanent employee and have worked there since June 2019 and my 3 months is my contracted notice period
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 17 days ago.
OK
Expert:  Ben Jones replied 17 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. There is nothing stopping you from trying to negotiate your proposal but there is nothing obliging the employer to accept it either. The reason is that you are bound to honour your notice period as per contract. If you wanted to bring that forward and shorten it, then you are asking for a variation to your contract. The employer is not required to accept it, or even consider it. If they do consider it, they can introduce additional conditions, such as shortening it even more than you had initially proposed. They can say it is a ‘take it or leave it’ case, where you will only approve the shortening of the notice period if they shorten it to the date they want. If you are unhappy with it, then you can reject it of course, but it would mean you are then required to honour your full notice period instead.

So in summary, you can indeed try and negotiate with them but you cannot force them to agree to what you are proposing now.

Customer: replied 17 days ago.
OK that all makes sense - thank you
Expert:  Ben Jones replied 17 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best