Messed up re: notice period. What's the best option?

[RavenFlight]

Offered a new job two weeks ago. Duly handed in my notice believing I was on a four week notice period. However. My contract changed when I was promoted so now it's three months. But I told new employer it was four weeks. Spoke to my line manager who said he was sure we could negotiate. New company pressed for an answer so told them end of month (Tuesday after bank holiday). Old company are now saying they can't give me a leaving date until new person in my role is in the company. But also won't give me any additional projects as they know I'm leaving so I'm adding very little value. I'm worried about pissing off new company if I have to move my join date. I'm worried about pissing off current employer if a try to leave at the end of the month. But everything is so up in the air and uncertain. HELP, what do I do???

Do you have any holidays you could use?

Realistically, what will old company do if you leave ‘early’? Absolutely nothing. Just do what you need to do

If it came to the crunch and I HAD to piss someone off, it would be the old job. The new job is what's going to pay your bills.

How long have you been in the promoted role?
What leave date did you put on your resignation letter?

Since last summer so about nine months. I said in my resignation letter that my new company wanted me by the end of May.

No. I'm off for two weeks in June already!

I wouldn't mind if I could go back to the new company with a revised date, say end of June instead of mid July, but it's the fact that my company won't budge until they have someone coming into the role - but then they could also have a three month notice period which means the role will still be gapped!

Just leave when you need to. What are old company going to do? Sue you? Doubtful.

So your old company could potentially sue for breach of contract HOWEVER this is vanishingly unlikely. What about your references - have they already been done?

Would be interested to know if any employment lawyers are here, how often employers sue for breach of contract in these scenarios?

no reason- just piqued my interest!

I don't agree you should just breath your contract and leave if your current employer does not agree to let you go early. It was your mistake in first misunderstanding your notice period and secondly agreeing a date with new employer before clearing it with current employer.

Speak to both and try to agree something. You may just have to fess up to your new employer you made a mistake and have to work three months. They will no doubt do that rather than recruit again. But hopefully your line manager will agree a compromise eg 8 weeks instead of 3 months or 1 month.

Just let them know when you're leaving, they can't do anything, unless you are relying on references. They also can't enforce you to stay as long as they want. It's a ridiculous ask.

Link to acas advice www.acas.org.uk/final-pay-when-someone-leaves-a-job/if-someone-leaves-without-working-their-notice

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You say you're booked off on holiday in June... But surely that's from the new job? Have you got holiday from the old job to take?

I’ve known it twice in over 20 years
Both times the person leaving early were on 6 figure salaries and both times the person breaching their notice period caused a large cost to the company. (1) Advertising campaign not finished on time, resulting in a penalty and (2) a huge agency cost to get a skilled worker in due to the specialist nature of the role)
Company won both times
However, due to the cost involved in taking it to court the majority of companies don’t bother as it’s more an inconvenience than a financial loss

They can sue for breach of contact!
Unlikely they will but to say they can’t do anything is wrong
They can’t force anyone to stay past the correct notice period but they are entitled to the correct notice worked

I had a similar issue, when I got a new job outwith teaching, they wanted me sooner than at the end of term. My school said they might be able to release me sooner but then backtracked when a colleague went off ill.
I'd be wary of ending up with no job at all, so I'd be saying to the new job that you're not able to start until x date.

Can you go sick at the old company?

Personally, I'd just leave. If they had an issue with you and wanted yo put you on garden leave, they would, snx they'd cope. If you were for immediate redundancy, they'd do it with no qualms, so just leave and live your life.

Companies have no loyalty to anyone except themselves at the end of the day.

I did think it would be at the higher salary levels. Interesting re: ad campaign. I work in a creative industry and wouldn’t have the balls to leave mid-project (I don’t think!) no matter how ready to go I felt. And I’m far away from 6fig/ Director roles!

Did you sign anything like a formal letter otle new contract with your new notice period? If not I don't see how they can hold you to it.

If you have three months' notice, it's probable that someone in a similar level role will have also have a longish notice period - so the likelihood of them advertising, recruiting and getting the person in post is unlikely.
Offer to go back and do a couple of days freelance to handover when the new person starts if they waive the longer notice period?

Equally, having offered to you, the new employer won't want to go through the whole rigmarole of recruiting to the role again, so will probably wait.

Could you advise new employer of your June holiday dates and suggest a start date on your return ?