Notice period and new job

Steedie

Steedie

Steedie

Man of Honour
Joined
29 Jun 2004
Posts
21,638
Location
Oxfordshire
Hey all,

I have a potentially interesting situation about to come up and wouldn't mind some advice.

Some of you may remember my thread from a couple of months back about my current job, where I've been waiting for my pay review since November, and keep getting fobbed off. For those that haven't, I told them that my contract states that I am "entitled to an annual pay review but this does not mean I'm guaranteed a rise in pay". I told them that if I'm not getting one, then I'd prefer they just said, but no they keep fobbing me off and telling me "next week", which I've heard every week pretty much since November. Yet recently someone had their pay review, bang on time....wtf?

Anyway, enough is enough and I've been on the hunt for a new job. And one looks to be very promising to the point where it's all gone through so fast that I could be about to get it within a week of applying.

Surprisingly not the main appeal but certainly a large part of it, is that the job is 2.5x my current salary, which given I'm on a pretty decent salary already is amazing and comes at an awesome time with my son recently being born and us looking for a new house. It's a slight commute compared to where I am now but everything just sounds brilliant and money aside, it sounds like it could be brilliant for my career in terms of doors it will open up.

There is a downside though, I'd be needed to start in 2 weeks to be there at the start of a new project which they'd want me on, and unfortunately it sounds like that's a bit of a blocker as to whether I'd get the job or not as part of the reason this has all gone through so quickly is the urgency of the role they need to fill.

My notice period is 4 weeks at my current place, but given how I've been treated I feel like (not just with the salary, but other issues as well regarding broken promises) I really wouldn't care if I only gave them 2 and left. Other than the potential reference issue in future, would I face any other issues going forward? Has anyone done anything similar?

Appreciate this could all mean nothing if for some reason it falls through, but I'd rather get some advice now than have to ask when I'm in that position and have to give them a quick reply.

Thanks
 
Last edited:
Do you have any accumulated holiday remaining? That is also another way out of leaving early but giving a full months notice.
 
I have about a week max to take, as I blew the majority of my holiday when my son was born (as they were funny about sorting proper paternity out in time)

Luckystrike123 said:
For 2.5x salary I'd just stop going to the current job with the intention of getting sacked.
Click to expand...

I don't really want to get sacked though as I'd have to put that on my CV, but then walking out with no notice isn't exactly much better :p
 
Check the wording in your contract.

blanket its usually four weeks but it may say less at the companies discretion. if the company feels you will need four weeks to hand over your role or get someone else in to fill your position they may enforce the four weeks.

Honestly you need to speak with your current employer and find out if they can let you go early.

This is taken from a legal reply to a question posted elsewhere.. similar situation but the person had three months notice but wanted to leave after six weeks

The legal position is that you are obliged to work out your contractual notice period if your employer wants you to.
You have done the right thing by seeking to negotiate an earlier release. However, if your employer does not want to agree to this then you have a choice: you can comply with your employer’s wishes and work the 3-month notice period in full or you can break the contract by leaving earlier.
If you choose to leave early, an employer is entitled to stop your pay and benefits but they cannot force you to stay and carry out your work.
They could seek another legal remedy against you including a) compensation for breach of contract against you, claiming any financial loss they say arises as a result of your early departure or b) applying for a Court order to stop you working somewhere else, if your new employer is a competitor, for example.
It is relatively rare for an employer to take legal action against an employee who leaves early in breach of their contractual notice period, but it really depends on all the circumstances.
Click to expand...
 
In practise there is nothing they can do to make you stay if you just up and walk out. Your bridge will be truly burned though. Going legal will cost them more than its worth.
 
Try and avoid burning bridges down. No matter how terrible you were treated (unless it's worthy of a tribunal), work to your notice period.

Delvis said:
Well you can always go down the route of 'I'm leaving on x date, remove the necessary pay'
Click to expand...

The company can reject and point to your contract as you've agreed. If they're nasty, they would go through legal just to make you uncomfortable as you go to your new job.

Look on the bright side, when you get your new job confirmed, you're only 4 weeks away to a better work life (possibly :))

Hope it goes well for you.
 
As above, keep it civil if possible. I find being open and honest is the best way to sort these situations out (currently serving my own notice period)

If it isn’t at all possible to change the start date, work with your future employer and see if they can budge even the slightest. You could offer to get up to speed in your spare time? Show willingness, be pro-active and suggest ideas. If you’re the right person, they will make it work.

It’s highly unlikely the company would pursue legal action if you were to leave but I leave it up to you.
 
I'd rather work my notice period, as I don't want to **** on them despite all the stuff that's happened, nor do I want that against my name. I'd just not feel too bad about it if it came to it.

I was just thinking if the new job turned around and said they can't budge on a date, but I'll have a word when I hear tomorrow :)
 
Steedie said:
I'd rather work my notice period, as I don't want to **** on them despite all the stuff that's happened. I'd just not feel too bad about it if it came to it.

I was just thinking if the new job turned around and said they can't budge on a date, but I'll have a word when I hear tomorrow :)
Click to expand...

Explain your reason to your current employer, if they have a record of you asking them since November, it's not like you've suddenly drop it on them.

They may see they're partly to blame and settle for letting you go 2 weeks ahead.

Who knows.

Best to go straight and get the word from the horses mouth.
 
Hand notice in and have 2 weeks of bumming about then take the last 2 weeks off sick.... self cert for the first 7 days then blag it.... then start new job!

They will prob not want you to work the full 4 weeks anyway once you become a slouch and work to rule.
 
Are you in a position that you leaving 2 weeks early would cause them to lose money? If so they can go down the legal route, otherwise they simply won't pay you for the time you're not there.

Legal wouldn't be worth it unless they are set to lose money because of your departure.
 
Mr Jones said:
T
The company can reject and point to your contract as you've agreed.
Click to expand...

Would that be the contract they've already breached by not giving him an annual review that he's entitled to? If it came to it that contract would probably be unenforceable now.
 
Personally I'd tell them I'm leaving in two weeks and see how it goes, if they're okay with it so be it, no conflict.

If they say I can't because of contract I'd say they've breached it already by delaying pay reviews every week since November. If you have evidence of this by emails or letters then use that.
Also, if they are being complete morons about it I'd probably make a letter of resignation back dated an extra 2 weeks and say well, I handed it in to HR someone must have lost it. You can only fight petty people by playing their own game, or you can ignore it and lose an awesome new job.

I love sticking it to people who deserve it :P
 
If your new employer is a direct competitor and you have involvement in commercial aspects day to day, tenders etc., you could be out of the door in a day.

I expect that unlesss they were truly vindictive you could be allowed to negotiate a shorter period. If you act professionaly, so should they.
 
kaiowas said:
Would that be the contract they've already breached by not giving him an annual review that he's entitled to? If it came to it that contract would probably be unenforceable now.
Click to expand...

Annual reviews are not written in contracts - unless yours is and my 2 others have been sneaky!

My current contract made sure I need to work 3 months notice and the remaining 9 months, I'm not allowed to work with any direct competitors. No mention of an annual reviews as contracted.
 
Mr Jones said:
Annual reviews are not written in contracts - unless yours is and my 2 others have been sneaky!

My current contract made sure I need to work 3 months notice and the remaining 9 months, I'm not allowed to work with any direct competitors. No mention of an annual reviews as contracted.
Click to expand...

My contract states that annually from my start date, I am entitled to a pay review meeting but also that having a review does not entitle me to a raise.
 
Steedie said:
My contract states that annually from my start date, I am entitled to a pay review meeting but also that having a review does not entitle me to a raise.
Click to expand...

Ah.

Then use that as a leverage to get them to only require 2 weeks notice from you, due to lack of company interest in their contractual agreement.
 
You must log in or register to reply here.
Back
Top Bottom