to ask for some urgent advice?

[Turtle11]

I hate my job, and have been trying to find another one for a few months. I've had a deadline - as my notice period goes up from one month to three months this Friday.

I have recently had an interview for an amazing job, but they said they are going to be doing second interviews. If I am offered this job, I won't be offered it until after the three month notice period kicks in at my current job.

If I have to stay with my current employer for 3 months, this job will 99% not wait for me. They need someone to start ASAP, and it's a low level, £20k a year job. They are very very unlikely to wait until August for me. My current job is also low level, but my boss will definitely hold me to my contractual notice period.

So what do I do?

Bird in the hand and all that

If you don’t care about references, go when you think it is right. Lots of people do.

But if I don't work my notice period, can't they take me to court?

Could you request a shorter notice period? So if you do get offered the job (good luck and fingers crossed) when you give notice to your current employer ask to reduce the period as your extention only comes into play this week?

Also if you refuse to work your period that can be classed as breach of contract.

For me, it would depend on what safety nets you have. If I didn’t have savings or another form of income, I don’t think I’d take the risk of resigning without another contract in my hand.

Is it the role, or the company that’s amazing? Could there be a similar role elsewhere, or a different entry level role in the same company?

Are you certain that second interviews can’t be accelerated for you this week; is the potential employer aware of your predicament?

If you gave notice but didn't get this new job, could you afford to pay the bills while you look for another job?

I was in this situation but they hadn't completed my assessment at the end of my probationary period and therefore my notice period remained as one month instead of 3 when I left 5 months latee

I was you last year, could not commit to three months notice! I left and got the other job.. go for it! Three months notice is a bloody pain in the arse!

No, they can't take you to court - all they could theoretically do is claim any financial losses as a result of you leaving early. This would never happen though, as it would be incredibly difficult to prove and sets a huge precedent.

If you don't mind burning bridges with your current role, stay there until/if you get offered the other job, then give less than 3 month's notice.

Otherwise, if you can afford to live for a while without working, resign before you move onto 3 months notice.

Notice periods are generally unenforceable. You can not be forced to work, you're not on a chain gang!

I'm an employment solicitor. They can sue you for breach of contract for not serving your notice period but they have to show loss so if they have to employ a temp urgently to replace you they could try and claim cost of that from you but if they just absorb your work in your team they wouldn't be able to show loss.

In reality, v few employees if any sue employees who do not serve their notice, particularly those In less senior roles. Employers are more concerned about holding senior employees to their notice who might take clients with them and can seek to enforce garden leave during the notice period.

Is there any reason why you hate your job? If it is because you are treated poorly you may be able to say your employer fundamentally breached your contract and therefore you are entitled to resign without notice

When will you find out if you are getting a second interview? If you know by Friday that you haven't, would you stay in your current job for at least another 3 months? Can you live off savings or reasonably expect to pick up some kind of work to tide you over (is there a local business that is always recruiting if you are prepared to put up with rubbish pay/conditions)? Could you hand your notice in at the end of this week and extend it if you haven't found something else within the month?
It's horrible to be in a job you don't enjoy but not generally good practice to be without employment. You don't really want to tick off your current employer because you will need them for a reference but you could maybe gently push the prospective employer to find out if you are going to be invited for second interview.