Leaving a job with less notice than in contract
Discussion
Are there any legal implications to leaving a job early?
For example if the contract says you have to give 6 weeks notice, but your new job requires you to start in 3 weeks.
Of course in an ideal world you'd discuss it with the employer and come to some sort of agreement, but what happens if you just disappear after a couple of weeks?
For example if the contract says you have to give 6 weeks notice, but your new job requires you to start in 3 weeks.
Of course in an ideal world you'd discuss it with the employer and come to some sort of agreement, but what happens if you just disappear after a couple of weeks?
s91 said:
Are there any legal implications to leaving a job early?
For example if the contract says you have to give 6 weeks notice, but your new job requires you to start in 3 weeks.
Of course in an ideal world you'd discuss it with the employer and come to some sort of agreement, but what happens if you just disappear after a couple of weeks?
A claim against you for breach of contract, if the company suffers loss.For example if the contract says you have to give 6 weeks notice, but your new job requires you to start in 3 weeks.
Of course in an ideal world you'd discuss it with the employer and come to some sort of agreement, but what happens if you just disappear after a couple of weeks?
Speak to them. If an employee approached me and said they wanted to go before their notice period was up I'd try to accommodate that. I would not want someone around who does not want to be there.
Furthermore, if someone were to just disappear one day it causes problems for the business, whereas if it is negotiated plans can be made.
Of course, if they say "no" you can then decide whether you scarper anyway. But it's a s
tty thing to do and any goodwill goes out the window. References and monies owed may be slow arriving, at best. Furthermore, if I were your new employer and got wind of what you'd done I would be extending you no slack whatsoever.It doesn’t show you in a good light if you’ve lied to your new employer saying you could start on a particular date, when you full well knew you’re still tied to your current job. Then you’re considering breaching your contract with your current employer.
Of course I understand that some relationships with employers are a challenge, but just disappearing early would really leave a sour taste (as an employer). I don’t know your industry, but ours is small and word has a habit of getting around. There are people in my industry we’d just not work with because we’ve heard stories. Be careful - exhaust all avenues of negotiation with your current employer first before just disappearing.
Of course I understand that some relationships with employers are a challenge, but just disappearing early would really leave a sour taste (as an employer). I don’t know your industry, but ours is small and word has a habit of getting around. There are people in my industry we’d just not work with because we’ve heard stories. Be careful - exhaust all avenues of negotiation with your current employer first before just disappearing.
Thats What She Said said:
You are asking if they can legally do something? Thats the point of a contract.
Exactly this.The consequences of early, unauthorised departure could entail the company seeking damages from you to cover any financial loss incurred (loss of profit, hiring in temporary staff, subcontracting, etc). This could be very significant.
Equally, the company cannot show you the door the minute you hand in your notice without paying you for the full notice period.
Any decent company who are committed to hiring you will respect the notice period you are tied to unless there is an unlovable reason for a specific start date. Where this is the case, that would be made clear in the job advertisement and so serve as a self-selecting criteria.
Louis Balfour said:
Furthermore, if I were your new employer and got wind of what you'd done I would be extending you no slack whatsoever.
^^ThisIf word got around that you were someone who cant be trusted to meet your obligations, that may hinder any future opportunities. These kind of things can follow you around.
If it were me, I'd be speaking to my current employer, sounding them out and see what they say. Then speak to your future employer and let them know the outcome. If they want you, they will wait.
It might be worth adding that this is not a professional/formal environment, references aren't really needed, and the new employer says you can start "as soon as you can leave your old job".
And previous instances where people have been unhappy within the company have been met with "well if you don't like it you can get a job somewhere else" by the management.
I'm only really asking "what's the worst they can do" in the very very unlikely situation they decided to do something about it.
So by one of the replies above - it looks like they could claim off you for example if they had to cover your work by hiring agency staff?
And previous instances where people have been unhappy within the company have been met with "well if you don't like it you can get a job somewhere else" by the management.
I'm only really asking "what's the worst they can do" in the very very unlikely situation they decided to do something about it.
So by one of the replies above - it looks like they could claim off you for example if they had to cover your work by hiring agency staff?
s91 said:
It might be worth adding that this is not a professional/formal environment, references aren't really needed, and the new employer says you can start "as soon as you can leave your old job".
Then leave either at the expiry of your normal notice period or earlier by agreement with your current employer. You comply with your contractual obligations, it won't come and bite you in the arse later and most importantly you will avoid being a bit of a dick.StevieBee said:
Exactly this.
The consequences of early, unauthorised departure could entail the company seeking damages from you to cover any financial loss incurred (loss of profit, hiring in temporary staff, subcontracting, etc). This could be very significant.
Equally, the company cannot show you the door the minute you hand in your notice without paying you for the full notice period.
Any decent company who are committed to hiring you will respect the notice period you are tied to unless there is an unlovable reason for a specific start date. Where this is the case, that would be made clear in the job advertisement and so serve as a self-selecting criteria.
OP, what do you do? Whether there is any risk of what steve b says depends on whether you can be easily replaced - and if your efforts can be easily tied to profit/ sales. The consequences of early, unauthorised departure could entail the company seeking damages from you to cover any financial loss incurred (loss of profit, hiring in temporary staff, subcontracting, etc). This could be very significant.
Equally, the company cannot show you the door the minute you hand in your notice without paying you for the full notice period.
Any decent company who are committed to hiring you will respect the notice period you are tied to unless there is an unlovable reason for a specific start date. Where this is the case, that would be made clear in the job advertisement and so serve as a self-selecting criteria.
If you ask to leave early, they will probably let you, if they don’t and you say you are going anyway … they then have three weeks to mitigate their losses by sorting cover for what you do. I expect the chance of them pinging you for anything to be very slight.
OP - they can sue you for any damages arising from breach of contract i.e. any losses they incur as a result of you leaving early.
For most people there shouldn't be any losses as the Employer "should" be able to cover your work in some way. (After all what would they do if you got hit by lightning?). That, and given what a faff it can be to sue people, means it's unlikely that they will take any action.
In reality - have a word with your boss. Nobody, but nobody wants an Employee who doesn't want to be there and who is literally counting down the days until they move to their new job. You may be able to work out a mutually acceptable compromise and not have to burn any bridges.
For most people there shouldn't be any losses as the Employer "should" be able to cover your work in some way. (After all what would they do if you got hit by lightning?). That, and given what a faff it can be to sue people, means it's unlikely that they will take any action.
In reality - have a word with your boss. Nobody, but nobody wants an Employee who doesn't want to be there and who is literally counting down the days until they move to their new job. You may be able to work out a mutually acceptable compromise and not have to burn any bridges.
Thats What She Said said:
Louis Balfour said:
Furthermore, if I were your new employer and got wind of what you'd done I would be extending you no slack whatsoever.
^^ThisIf word got around that you were someone who cant be trusted to meet your obligations, that may hinder any future opportunities. These kind of things can follow you around.
If it were me, I'd be speaking to my current employer, sounding them out and see what they say. Then speak to your future employer and let them know the outcome. If they want you, they will wait.
devnull said:
My previous job had a three month notice period, when I resigned I said '3 months is a bit much, can we compromise on 6 weeks' and he just went 'yeah no worries, 3 months is way too long' and that was it. This was an evil megacorp.
My notice period is currently 3 months and it's just too long imo if you are working in software engineering as many opportunities could pass you by due to the fast pace of recruitment in the IT sector.I won't be bound to it again on future employment contracts.
JaredVannett said:
devnull said:
My previous job had a three month notice period, when I resigned I said '3 months is a bit much, can we compromise on 6 weeks' and he just went 'yeah no worries, 3 months is way too long' and that was it. This was an evil megacorp.
My notice period is currently 3 months and it's just too long imo if you are working in software engineering as many opportunities could pass you by due to the fast pace of recruitment in the IT sector.I won't be bound to it again on future employment contracts.
If you’re leaving for a contract role then yes, but that should be a one time inconvenience… You should not have that sort of notice period in a contracting role IMHO.
Edited by DanL on Sunday 17th September 16:00
StevieBee said:
This is irrelevant. The presence of a contract of employment / service agreement makes the relationship legal and formal.
I think you’ve missed what’s he saying. He’s talking about the character of the role, not whether he has legal obligations. And the advice you are giving is a bit pessimistic. Context is king, OP has given very little on that, but I suspect there are few jobs where the business suffers loss if he disappears for six weeks.
Imagine if OP had gone on holiday for two weeks - how would the business have managed?
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