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Original poster

Help! Job problem!

20 replies

Dooglebuggler · 19/09/2018 23:38

Help! I’ve been offered a new job, starting Monday. I hate my current job. It’s contracting work and offers no security and the people are at best unpleasant. But my notice period is 4 weeks. The new job says I need to start Monday. What the hell do I do? I’m happy and willing to forgo this months pay as I know I’m leaving in the shit and I know I won’t get a reference or anything. But in the contract it says breach of notice period will result in being sued for a months wages plus extra costs accrued by client. I can’t afford that. Help and advise needed. Both jobs are basically customer service roles.

OP posts:
VanGoghsDog · 19/09/2018 23:40

Speak to your current employer and explain, ask to be released early, if they say no, speak to the new employer and tell them the days you can start. Hopefully the actual date will fall somewhere you n between.

Original poster
Dooglebuggler · 19/09/2018 23:46

The other problem is new employer has 3 new starts starting Monday (hopefully including me) and is sending all of us on some fancy training course in a different city. Accommodation and course had been booked apparently. I only accepted the job on Monday, I didn’t realise they would move this quickly. Now I feel sick. Do you think offering to forgo two weeks pay will be enough to stop company 1 suing me?

OP posts:
Original poster
Dooglebuggler · 19/09/2018 23:48

And also in my current job two people in the last few weeks have left only giving 2 weeks notice. Does that set any kind of precedent in law? Or is it just in terms of what’s in the contract??

OP posts:
Original poster
Dooglebuggler · 19/09/2018 23:59

And I’m on annual leave the rest of this week, so can I phone them to work my notice period?

OP posts:
VanGoghsDog · 20/09/2018 00:05

Notice normally has to be in writing, email is fine, but why didn't you at least give it on Monday?

I doubt they will sue you, but just talk to them and see if they will agree.

No, it's not a precedent in law.

Original poster
Dooglebuggler · 20/09/2018 00:20

I don’t know. My manager wasn’t in and I wanted to speak to him and then things have just snowballed at work.

The thing is if they do sue me I don’t have any money or assets to pay them back. It says they will sue me for not just the 20 days wages but any further loss to the client. I work in a motor insurance call centre- so I assume that could include training new staff, price of dropped calls or lost business etc. I assume it wouldn’t be in the contract that they would sue me unless they will actually follow. Because I work in insurance to get things like CCJs because I can’t pay what they are suing me for would destroy my career. DH thinks I’m really overthinking and over stressing.

OP posts:
TheSerenDipitY · 20/09/2018 05:00

i dont advise being dishonest but as you say things have snowballed and are perhaps a bit stressed and is affecting you? maybe a Dr can sign you off for stress? unless i misunderstand snowballing ( stress?)

VanGoghsDog · 20/09/2018 07:23

If she's signed off for sickness that means she is unable to work and can't start the new job.

Just talk to them.

tictac86 · 20/09/2018 07:28

Its unlikely they will sue you. Just dont roll into work.

Angie169 · 20/09/2018 07:37

I would suggest a visit to your doctor's and ask for a weeks sick leave plus you can have 3 days without having to have a sick note and then any holidays that your due left but I wouldn't advise lying to you present boss as it could just make things worse
Also speak to you new employee and explain the situation perhaps stallion and that you thought you only had to give 2 weeks notice and see if they can delay your start date and then do the training after

Angie169 · 20/09/2018 07:38

Perhaps Stallion ! WTF ? Perhaps stating

Original poster
Dooglebuggler · 20/09/2018 07:47

With being “sick” could I not do this even though I’m not paid at all for days off because of illness? Or what about having an emergency that requires leave? (Again it would be unpaid). It is dishonest. And I don’t want to be. But nor do I want to get into serious trouble.

OP posts:
AdoreTheBeach · 20/09/2018 07:57

Didn’t your new employer ask what your notice period is or when you’re available to start? That’s usually the norm.

If you know that other employees left with two weeks notice, while not a precedent bid law, does give you an indication that they don’t take legal action for two weeks notice BUT this is far less than that.

Can you not ask new employer when the next training is given and could you transfer into that? It’s enough time to cancel hotel without charge. With regard to the training course fee, if ew employer use this training service often, is likely they’ll agree to transfer you to another date,

It would be entirely unreasonable if you told new employer you have 4 weeks notice yet they only give you one week. I’d be wary of joining a company that doesn’t take common practice into consideration. What might they do to you when working for them? Put you in a training course during annual leave and just tell you that you have to go?

VanGoghsDog · 20/09/2018 12:30

If you are signed off sick, your new employer will not want to take you on, if they find out.

If they do not find out it's dishonest and if they find out later they will see you as untrustworthy and possibly dismiss you.

You can't just rock up to the doctor and 'ask for a weeks sick leave', it's not fucking holiday and don't waste the bloody NHS resources!

Talk to your employer, talk to the new employer, grow up and sort it out for god's sake!

AvocadosBeforeMortgages · 20/09/2018 12:45

It would be entirely unreasonable if you told new employer you have 4 weeks notice yet they only give you one week. I’d be wary of joining a company that doesn’t take common practice into consideration.

^^ This

SassitudeandSparkle · 20/09/2018 12:52

Or instead of coming up with increasingly daft plans and theories, you could either tell the new employer that you have a longer notice period or speak to your current employer to see what they can offer you.

DonnaDarko · 20/09/2018 12:58

I think you need to be honest with your current employer. You could give in your notice, but they can also decline to accept it. Depending on how that situation goes, then refer to your next employer.

However, I am astounded that this did not come up at all during their recruitment process.

If a recruiter contacts me about a job, they ALWAYS ask about my notice period. This then pretty much always comes up in the interviews too.

NerrSnerr · 20/09/2018 13:15

@Angie169 because that's how the NHS works, rock up to the GP and ask for a sick note because you don't have enough notice period. What illness should the OP lie about having?

NerrSnerr · 20/09/2018 13:16

Personally I would email both managers/ HR departments and tell them both the truth and see what can be arranged.

brokenharbour · 20/09/2018 13:34

It's very strange for your new employer not to expect a notice period.

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