You might then ask, "Why not just write long notice periods into all staff contracts? It would give you more time to hire and train new staff to replace the leaver.
But, it's worth thinking about the leaving employee and what's best for them. If you try to force them to stay too long now that you know they don't want to be there, can you be sure that their productivity level will still be high? Are you risking the leaver saying unsavoury things about you to their allies in the business?
If the contracts you offer have long notice periods, you might actually deter new talent from wanting to join you. When someone decides to leave they don't want to have to serve a three-month notice period.
Our advice is to be smart with notice lengths. Set each one according to the level of seniority of the role someone is in. If someone is a junior, and neither replacing nor training them will take long, is keeping them around for longer than a week worth it? Make sure that their contract is clear about notice, and that all clauses are easy to understand.
A hard-to-read contract will only cause confusion and problems in the future. An employee with a month-long notice period in their contract might decide they don't want to work more than two weeks.
In this case, it's best to make sure you include a clause in their contract that deducts pay for any notice your staff don't work. If you think it's in your best interests, you might try to agree with your leaver to waive their notice, and terminate the contract with immediate effect.
You wouldn't need to pay them for their notice in this case. Ensure that you both sign any agreement—this way, you can avoid a later claim for unpaid wages.
If the employee was working on an important project before they gave you their notice, you might offer them an early notice termination if they finish the project to the high standard you want. Once an employee hands in their notice, they normally want to leave as soon as they can.
If you keep this in mind and negotiate with them, they will realise you're trying to create a situation that's best for both parties. Maternity Leave. Court Witness Leave. Jury Service Leave. Adoption Leave. Quarantine leave. Collective Redundancies. Compensation in Lieu of Notice. Fixed Term Contracts. Notice Period. Guarantee Fund. Other Rights on Termination. Sectoral Minimum Conditions of Employment. Young Persons and Minors in Employment.
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