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Original poster

Notice period is 3 months do I just leave?

46 replies

Middylifecrisis · 05/11/2024 19:13

I’ve just got a new job but they need me to start asap as current staff member is going on mat leave. My current notice period is 3 months and I completely understand it’s not mandatory. Do I just up and leave? I know they are going to be all funny with me.

OP posts:
Frosty1000 · 05/11/2024 19:18

Not if it's in your contract, no. It'll be a requirement. Gives them time to recruit your replacement.

New place will have to just wait.

LittleRedRidingHoody · 05/11/2024 19:22

If it's in your contract it'll be mandatory. They may not follow it up legally ~ but you'll still be in breech of contract and leave a sour taste in everyone's mouth. If you don't care about cutting ties, you'll probably get away with it.

Isitfridayyetsophie · 05/11/2024 19:23

Why do you think it’s not mandatory? Leaving early would be a breach of contract, you might be able to negotiate an early leaving date with them though?

Whoyoutakingto · 05/11/2024 19:25

I had the same situation when I was offered a University place through clearing, I gave 2 weeks notice instead of 3 months, not ideal but I wasn’t going to miss out and wait a year. My boss was a bit shirty , they had done a couple of unpleasant things to me so I just said “sue me you pay me so you know how useless that would be.” 🤷‍♀️

Bushmillsbabe · 05/11/2024 19:26

You may be able to negotiate a shorter notice period, but I don't think you can just leave. Do you have a chunk of annual leave left which you can use as part of your notice period?

ExtraOnions · 05/11/2024 19:26

It’s in your Contract but, in all honesty, they won’t do anything if you leave earlier.

They won’t take you to court.

lasagnelle · 05/11/2024 19:27

No you can't just fucking leave.

Take holiday
Negotiate shorter notice period

Pandasnacks · 05/11/2024 19:28

Talk to current job, if you are performing badly they may just let you leave. If it's in your contract it's mandatory though.

OOlivePenderghast · 05/11/2024 19:29

You should try and negotiate a shorter notice period. You’ll presumably need them as references fairly soon if it’s only a maternity contract so best not to burn bridges.

Sunset6 · 05/11/2024 19:35

Negotiate with both employers. The recruiting one may ideally want you to start straight away but might be willing to wait a month. The employer you are leaving may be willing to waive some of the notice period, a month would seem reasonable.

Hera222 · 05/11/2024 19:54

Is the new place aware that you’re on a three month notice period, or are they aware and have asked you to reduce it?

We once had a new starter who tried to negotiate their notice period down and when their former employer refused they decided to leave. On their first day of working with us their HR department rang our HR department to ask if they had commenced their employment with us, claimed it was an unauthorised absence and a breach of contract etc etc. They were sacked by lunchtime…

I think it depends on the size, culture and type of organisation, your conversations to date, your position etc. but my god if you do decide to do it don’t tell anyone where you’re off to! Personally, I would negotiate and just be honest with the new place, three month notice periods are very common.

JeremyFischer · 05/11/2024 20:03

Hera222 · 05/11/2024 19:54

Is the new place aware that you’re on a three month notice period, or are they aware and have asked you to reduce it?

We once had a new starter who tried to negotiate their notice period down and when their former employer refused they decided to leave. On their first day of working with us their HR department rang our HR department to ask if they had commenced their employment with us, claimed it was an unauthorised absence and a breach of contract etc etc. They were sacked by lunchtime…

I think it depends on the size, culture and type of organisation, your conversations to date, your position etc. but my god if you do decide to do it don’t tell anyone where you’re off to! Personally, I would negotiate and just be honest with the new place, three month notice periods are very common.

Interesting. Not sure in what world employee's breach of contract with employer 1 is grounds for employer 2 terminating employment contract with employee... Not to mention employer 1's personal data breach of employee 🤔

MattSmithsBowTie · 05/11/2024 20:10

Negotiate it down, only a psycho would say no if it means you losing the new job, unless you’re so important the company would fall apart without you, but as you’re leaving to take a maternity cover job I really doubt it.

whatatodoaboutnothing · 05/11/2024 20:13

Agree with pp why do you believe it isn’t mandatory?!

I mean you can just leave but your current employer could pursue you for loss of earnings and most new employers would understand if there is a notice period attached to someone they want to employ

3 months is standard in the industry I’m in and someone being able to start sooner would be a concern tbh

PollyPut · 05/11/2024 20:14

"I completely understand it’s not mandatory"
what do you mean?

DreadPirateRobots · 05/11/2024 20:15

Any job that expected me to trash my reputation by walking away without serving ANY notice is a job that is sending up massive red flags before you even start. Their lack of organisation to have mat cover in place is 0% your problem. What other massively unprofessional things will they expect you to do for their convenience?

I would probably be willing to try negotiating to shorten my notice period, but I would walk away from any job offer that expected me to just quit with no notice.

DamnUserName21 · 05/11/2024 20:18

Agree with PPs. Offer 1 month and negotiate.

VioletCrawleyForever · 05/11/2024 20:20

If your is 3 months it's a contractual requirement.

You can try to negotiate it down but you are obligated to complete it.

JeremyFischer · 05/11/2024 20:23

Yeah, I mean a notice period does what it says on the tin, it won't be optional (otherwise it wouldn't be a notice period).

As PPs have said, you are obliged to work your notice period else you would be in breach of contract, but what is the consequence of your breach? Do you think they will sue you for damages? (seems unlikely unless you are a c-suite exec). They could legitimately write you crap references in future, which you may or may not care about.

Negotiating them down seems a good idea and agreeing a leaving date to start your new job ASAP.

As for those who think your new employer is raising red flags, this doesn't seem massive to me. Employers tend to want to suit themselves, it's just about what suits you and what is possible between the two.

MadnessIsMyMiddleName · 05/11/2024 20:27

Why would you leave a permanent job to cover maternity OP? That simply doesn't make sense to me.

Also, your new employer should have started looking for maternity cover, as soon as they were made aware of the current employee's pregnancy, therefore allowing her replacement time to give notice, not expect someone to let their current employer down by walking out, because they haven't been able to organise themselves.

DoIEver · 05/11/2024 20:30

We once had a new starter who tried to negotiate their notice period down and when their former employer refused they decided to leave. On their first day of working with us their HR department rang our HR department to ask if they had commenced their employment with us, claimed it was an unauthorised absence and a breach of contract etc etc. They were sacked by lunchtime…

This did not happen.

Op I have successfully negotiated a 3 month notice period to 1 month before. Most employees know there's little point in keeping employees in post for long periods of time when they don't want to be there.

Original poster
Middylifecrisis · 05/11/2024 20:37

I’m in HR so I understand the ins and outs. I’m planning on giving a month but because we are so short on staff at the moment I know they will push for the 3.

OP posts:
coxesorangepippin · 05/11/2024 20:37

What will they actually do if you just don't go back??

Sue you??

Original poster
Middylifecrisis · 05/11/2024 20:40

coxesorangepippin · 05/11/2024 20:37

What will they actually do if you just don't go back??

Sue you??

They won’t do anything! But I’m going to give a months notice.

OP posts:
greenrollneck · 05/11/2024 20:42

I would let you leave. Most employers don't want someone in the business who doesn't want to be there it's not good for anyone.

Unless you are the CEO?

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