Not serving notice?
Discussion
Im required to give 3 months notice, Im in a position that i have another job to go too, they really want me but are off put by the 3 months, its a small firm and they need someone within a month.
If i was to only give 1 months notice, even though im contracted to 3, what can my current company do? I certainly dont want to mess my current company about or burn any bridges but this could be a good oppertunity to miss.
They dont want me to go and wont make it easy, so i very much doubt they will offer a reduced notice period.
If i was to only give 1 months notice, even though im contracted to 3, what can my current company do? I certainly dont want to mess my current company about or burn any bridges but this could be a good oppertunity to miss.
They dont want me to go and wont make it easy, so i very much doubt they will offer a reduced notice period.
Speak to your current employer, explain the situation and that you can only provide one month notice. Stress that you will ensure your work is completed/handed over during this time. Most companies are realistic about these things and will come to an arrangement.
If they wanted to be really difficult then this is a breach of contract and they could sue you for not working the notice period or refuse to provide a reference etc.
Do you have any annual leave you can use to help offset the outstanding notice period?
If they wanted to be really difficult then this is a breach of contract and they could sue you for not working the notice period or refuse to provide a reference etc.
Do you have any annual leave you can use to help offset the outstanding notice period?
Due to the type of job im in, they would be hard pushed to find a replacement within an month possibly even in the 3 months so a decent hand over would be pretty hard and would leave the Board, CEO and MD in a very vunerable position.
I have suggested me stopping on a contract basis for 2-3 days per week for aslong as required (upto 6 months) as the new company would be happy with this but no joy. Like i said they wont make it easy for me to go.
I cant afford to be sued so its looking like i may be missing out on the oppertunity.
I have suggested me stopping on a contract basis for 2-3 days per week for aslong as required (upto 6 months) as the new company would be happy with this but no joy. Like i said they wont make it easy for me to go.
I cant afford to be sued so its looking like i may be missing out on the oppertunity.
bogwoppit said:
Interesting question. First thought was: expect to pay your way out of the contract.
Then I got to wondering what would happen if you don't give notice but just don't turn up. Is it any different if they terminate the contract (via dismissal) like this rather than you?
This would still have the effect of ruining the reference, and burning a few bridges as I am sure they would hear through the grape vine of the new roll. However it would seem to leave you in a better legal position, still breach of contract but there less likely to sue you over it. Then I got to wondering what would happen if you don't give notice but just don't turn up. Is it any different if they terminate the contract (via dismissal) like this rather than you?
Three takes on this:
Moral - you entered into a contract with them to work 3 months notice. Just as you would expect them to honour whatever is in the contract so it is reasonable for them to expect you to do that same.
Practical - always leave on good terms. You may need references from previous employers in the future, unless you are going to a completely different industry you may come across the people again - it's never a good idea to leave on bad terms.
Legal - what can they do? I have a situation ongoing at the moment, an employee was off work one Friday then in the afternoon his line manager got a text from him saying he had been offered a job, was starting on Monday and wasn't coming back. We are suing him for breach of contract and various costs not out of spite or because the costs were really that significant, we are doing it because we don't want to set a precedent that employees can be in breach of contract in that way without consequences.
At the end of the day you agreed to 3 months so you should honour it, the new company may well wait anyway. Personally I'd not accept a job offer unless the new employer was aware of the notice and willing to wait.
Moral - you entered into a contract with them to work 3 months notice. Just as you would expect them to honour whatever is in the contract so it is reasonable for them to expect you to do that same.
Practical - always leave on good terms. You may need references from previous employers in the future, unless you are going to a completely different industry you may come across the people again - it's never a good idea to leave on bad terms.
Legal - what can they do? I have a situation ongoing at the moment, an employee was off work one Friday then in the afternoon his line manager got a text from him saying he had been offered a job, was starting on Monday and wasn't coming back. We are suing him for breach of contract and various costs not out of spite or because the costs were really that significant, we are doing it because we don't want to set a precedent that employees can be in breach of contract in that way without consequences.
At the end of the day you agreed to 3 months so you should honour it, the new company may well wait anyway. Personally I'd not accept a job offer unless the new employer was aware of the notice and willing to wait.
Thanks for the replies, I dont think i have much choice really but to serve either my full notice or an agreed term that all parties are happy with but i dont think thats going to happen.
The company im in nogotisation with are aware of the 3 months and are holding off giving me the written offer because of there reservations over the 3 months notice, they really do need someone now.
Although i have had the verbal offer and my present company are aware of this, im far from stupid and wont be handing my notice in until i have a written offer with the T&C signed and sorted.
My current company have offered me a couple of options both are good challenges that im up for doing, but due to the current economic climate can not offer me anymore salery, (More work, more stress and no benefit???)although it would put me in a very good position to negotiate in the future.
Whats pissed me off is i have been open about it all and they know it would not take that much to keep me, I have just saved them £12k in training costs and in one year cut costs which cover my salery anyway. My finders fee was also 7.5k so they would be looking at similar again should i leave.
The company im in nogotisation with are aware of the 3 months and are holding off giving me the written offer because of there reservations over the 3 months notice, they really do need someone now.
Although i have had the verbal offer and my present company are aware of this, im far from stupid and wont be handing my notice in until i have a written offer with the T&C signed and sorted.
My current company have offered me a couple of options both are good challenges that im up for doing, but due to the current economic climate can not offer me anymore salery, (More work, more stress and no benefit???)although it would put me in a very good position to negotiate in the future.
Whats pissed me off is i have been open about it all and they know it would not take that much to keep me, I have just saved them £12k in training costs and in one year cut costs which cover my salery anyway. My finders fee was also 7.5k so they would be looking at similar again should i leave.
Firefoot said:
Speak to your current employer, explain the situation and that you can only provide one month notice. Stress that you will ensure your work is completed/handed over during this time. Most companies are realistic about these things and will come to an arrangement.
If they wanted to be really difficult then this is a breach of contract and they could sue you for not working the notice period or refuse to provide a reference etc.
Do you have any annual leave you can use to help offset the outstanding notice period?
I was in similar position and listed the things I needed to do in the 5 weeks I was prepared to give them. I estimated the times for each and who I would hand over to. It came to 3 weeks. They agreed to the 5 weeks. If they wanted to be really difficult then this is a breach of contract and they could sue you for not working the notice period or refuse to provide a reference etc.
Do you have any annual leave you can use to help offset the outstanding notice period?
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