Negotiating Notice Periods

It's not often that I agree with newspaper headlines but I do keep reading that the number of job vacancies is at an all time high at the moment in the UK and in our sector (advertising, marketing, digital) in the North, I can definitely concur.  The market is frantically busy and following a busy first half of the year, it shows no signs of slowing down.  

I publish a salary survey each year and as part of my research, I look at notice periods and keep tabs on the stats across different disciplines and levels of seniority.  In the old days, typically everyone was on a months notice period with only the very senior people on anything more - this would be usually 3 months but in very rare cases 6.   I'm not sure how or when it happened but in the last 12 months I've seen a huge uplift in the number of individuals with 3 month notice periods. Even at Account Executive level - which seems ridiculous.  It's as if everyone has been asked to sign new contracts in the last 12 months and just about everyone has had to agree new terms.  A note here to say that you should always keep tabs on your notice period as an employer cannot change it without your consent. 

There is a definite knock on effect for employers who are looking to hire new staff.  If a client is looking to make a hire, they're keen to hire quickly.  Again, in the old days, a 3 month notice period would count against someone in the pecking order whilst interviewing and if it was a straight choice between two equivalent candidates, the candidate with the shorter notice period would get the job.   I know people always say 'we'll wait for the right person'  - but not always, and particularly not if there is someone else who can do the job just as well who is available sooner.    Actually, this is true now BUT the big difference is that there is seldom anyone available sooner and clients are having to wait for their new starters.

One of the key reasons that an employer might want to extend notice periods is quite flattering. You're clearly important to the business and your employer knows that if you do decide to leave, they will need time to replace you and that notice period gives them a cushion - most roles will be filled within 3 months - not always within 1 month.  Often, you're caught in a difficult position when interviewing. A prospective employer might ask whether your notice period can be negotiated - sadly you can't give a definitive answer until you resign and the long shot is that the new employer needs to be prepared to wait the full period.  Yes, you'll have an idea and whether other employees have been given some flexibility but it's a good idea never to guarantee that you can negotiate your way out of a contract.

If a new employer has asked you to see if you can be available more quickly, it is worth asking your current employer for some flexibility. You can generally use up any holiday that has accrued but it's rare that it makes much of a difference - perhaps a week.  Typically, the moment that you resign, your employer does not feel any obligation to make your life easy.  Indeed, by resigning, you are making their life hard and they are going to need to invest time and money in replacing you.  The most important factor for them is whether the job can be done as well and consistently if they let you go early.  You might find that if business hasn't been so good, an employer will be happy to release you from your contract but more often than not, they'll want you to work until they can find a replacement and ideally have a short hand-over period with the new starter.   I think this is why we've seen the move to the extended notice periods, it allows much more time for business continuity.

Clearly it works two ways!  If an employer needs to make cuts, having their team on 3 month notice periods is going to cost them but as with most things, it's a balance and at that point, it gives you the right cushioning and time to find a new job for yourself.

Occasionally, when individuals resign, they are marched off the premises. That's quite rare!  Perhaps at a senior level if you are going to a competitor we might see that kind of activity but I guess there you're also looking at some non compete clauses in the contract too. 

Several clients have said to me recently that they are drawing up new contracts for employees to deal with post Covid working conditions.  It's possible that if your notice period has not been reviewed recently that an employer might try to do this simultaneously.   If your employer is looking to increase your notice period from 1 month to 3 months, it's worth asking them for a review in salary or other benefits - after all the 3 months is a greater commitment from you.

Generally speaking, my top tips for resignation and trying to negotiate a notice period are:

1.  Don't overpromise to your new employer - they must be prepared to wait the full period.

2.  Resign in writing and state your preferred leaving date.

3. Check your holiday allowance and included details of un-used allowance in your resignation letter. 

4.  Be professional and gracious.  Assure your boss that you'll be doing everything for a smooth handover. (Even if they're not professional and gracious themselves!).

5.  Don't give up hope. A replacement may pop up who is available immediately and at that point, your boss may be amenable to letting you go more quickly. Things change!

There are a whole host of other spin off topics from notice periods and resignation generally.   Counter offers are worth a mention because if an employer really doesn't want you to leave, they'll offer you more money and ask you to stay.    Whilst money is a key driver for any job-hunter, I'll share with you the statistic that 80% of people who decide to stay in a role after being counter offered are back on the job hunt within 6 months.  The money might have changed but not the job, the company and the culture.  Be wary of staying with an employer even when they are throwing money at you - ask yourself honestly why you originally started to search for a new role and visualise the next 6 months in your exciting new opportunity versus the existing job.  If your existing employer rated you so highly, why did you have to resign to secure that bump up in salary?  

If you've specifically got any questions about notice periods, feel free to ask. I'm no lawyer but with over 15 years in the recruitment business, I know my stuff!