Any HR workers who can give me some contract advice please?

[XxLondonxX]

Hi,

My husband has recently been offered his dream job but they want him to start in 6 weeks time. His contract for his current job states a notice period of 3 months is required when leaving. He asked them in writing for permission to leave the company early but they have refused.
Does anyone in HR know where we stand with this? Can they sue us if he breaks contact early? His current boss has taken it very personally that he is leaving the company so I know they'll make things as difficult as they can.

Theoretically they can go after him for breaking his contract but realistically they won't. It wouldn't be worth the time and money.

I'd quit and take a financial hit if it was my dream job.

Yes they could look to recover costs from your dh. I’d be wary as the boss is pissed off already.. but equally I do agree with pp that it would be a lot of hassle for them.

why won’t the new employee wait? 3 months is a fairly standard notice period in a lot of industries

some useful info on Acas & citizens advice which might be worth looking at

If he doesn't go to work, they won't pay him. He needs to make sure he works all the days he has been paid for, I.e. if he's paid on 20th, he should probably still work up to the end of the month.

Red flag from the new employer though, I'm sure they wouldn't let someone off a notice period early either.

Realistically his best bet would be to negotiate.

He could offer to finish in 6 weeks but to come back for 2 days to train his replacement when they start. Then ask for 2 days holiday at the new job to facilitate that. Or offer to write lots of handover documentation.

He could also (as nicely as possible) say that if they’re not willing to release him early then he won’t work any notice at all.

Technically they could sue him for breach of contract if he doesn’t work his notice but it’s extremely unlikely. No one working in HR would recommend that, and very few lawyers would take the case.

They can only sue him for losses incurred as a result of the breach and it will be hard to prove there are any. He might also not get a reference or get a poor one.

agree with others saying 3 months is pretty normal, are they saying they won’t take him unless he can start in 6 weeks?

Why won’t the new company wait? If they valued him enough they would. And can he negotiate somewhere between 6 and 12 weeks? What amount of annual leave does he have?

I'll be honest, the new job will wait the 3 months if needed but have offered a pretty huge sum of money for him to start early. Just don't want to get sued for the amount given or even more.

I would just wait for those three months unless he can overlap the two by using up any owing holiday.

I'd be amazed if they pursued him for breaching contract and not working full notice but depends on his level and size of business and their pettiness. Noone ever bothers tbh but it might affect a reference (though these must be factual).
I'm with previous poster new company should allow him to honour his obligations with his current employer they wouldn't like someone doing it to them and its pretty unprofessional.

I’d be very wary of a company encouraging a new employee to treat their previous employer badly.

Is he replacing someone else at the new employer? Can he offer to take a couple of days leave during his notice to come in and take a handover?
Why can’t the new employer get a temp or interim cover if the role can’t wait till he’s available to start?
The ‘golden hello’ payment is nice in theory but what’s the price for alienating former colleagues he might come across in future… If he works in an industry where he’s likely to work/interview with them again for example. Might be useful to consider if it will impact his professional reputation.