With regards to notice period changes agreed in re-negotiated contracts: would it be possible and legally enforceable to request that a change in notice period only last a fixed period?

For example:

I'm asked to agree to an increase in my notice period from 1 to 3 months as the employer seeks to protect themselves from further people leaving in the short term - in exchange for a pay increase. Could I ask that it be written into my contract that such an increase will only last X-amount of time before becoming 1 month once again?

I've had a look for anything legal on this but could only find a lot of information about people negotiating out of a 3 month notice period when they needed to.

  • 1
    @Allehandro 3 months Is common for non junior professional roles in the UK. Most employers know this so these not a whole lot of risk taking the extra money. And in the UK the statutory minimum notice goes up with length of service. – Neuromancer Dec 7 '17 at 0:03
  • 1
    Are you already employed by this company and changing an active contract, or about to be hired and discussing terms? – Erik Dec 7 '17 at 7:58
  • TBH this seems like a bit of a short-sighted attempt by out-of-touch management to 'patch a leak' which should probably really be resolved by addressing the real reasons which cause their employees to want to leave ... – brhans Dec 7 '17 at 13:21
  • @Erik Already employed for several years. – Allehandro Dec 9 '17 at 14:53

Could I ask that it be written into my contract that such an increase will only last X-amount of time before becoming 1 month once again?


You can negotiate anything you like into a contract, as long as it's legal.

Now you need to decide what you will give to your employer in exchange for this. Perhaps you could give up the pay increase after X-amount of time.

And as @PatriciaShanahan wisely points out, if you haven't yet agreed to increase your notice period, you may be in a stronger negotiating position.

  • The OP's negotiating position will be a little stronger if they have not already agreed to the extended notice. – Patricia Shanahan Dec 6 '17 at 23:41
  • @Patricia Shanahan I didn't see anything in the question that indicated acceptance. – Acccumulation Dec 6 '17 at 23:55
  • You cannot reduce your notice below the statutory minimum in the UK – Neuromancer Dec 7 '17 at 0:07
  • Depends on length of service but I dot see why you would ever take a pay cut in order to get a reduced notice period - I suspect the OP is from Spain where employment law has much less protection for workers – Neuromancer Dec 7 '17 at 0:29

While you can certainly negotiate to get your contract changed in this way, you also need to consider how the company will interpret this request.

They will probably assume this means

I don't particularly want to work for your company for long, I need a quick get-out clause in my contract for when I want to move on.

Since companies generally prefer their employees wanting to stay employed by them, your request will probably be denied. Or they might not decide to continue with you and terminate their offer of employment.

  • It looks like this person is already employed, and the company is suffering a leaving-streak. So being fired over refusing to increase your notice period seems unlikely. (Although not super clear - asking for clarification from OP) – Erik Dec 7 '17 at 7:58
  • @Erik Here in the UK, the change in notice period happens at the time you pass your probationary period and enter your "proper" contract period. So it's possible for the company to decide to terminate at that point. – user44108 Dec 7 '17 at 8:06

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.