Notice period is 3 months do I just leave?

[Middylifecrisis]

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.

Your employer may let you leave if they know your heart isn't in it and they may not be getting the most out of you!

Why are you posting on here then? You know the law and have already made up their mind.
Your employer isn't 'being funny' they are quite entitled to want full notice as specified in your contract.
For the exact same reason your new employer is pushing for an immediate start, to cover the loss of staff. 3 months is presumably the time taken to recruit and have a proper handover before you leave.

Neither employer sounds great tbh. And while no consequences can be taken technically what goes around comes around. Unless you're going to drip feed how terrible your current employer is...
It's up to you whether to take that risk.

Also is the new role a contract role? Even if they push you to start immediately surely it could take them another month or two to recruit if you reject them on that basis, how is there any benefit to them.

Well of course they can deduct money from you for breach of contract if you have holiday pay left or bonus etc.

When I was quite young I worked somewhere horrible and didn't realise it was 3 months (quite ridiculous for the job) resigned and accepted another job and they said they wouldn't wait for 3 months so I gave one month. I was told my reference would say left under breach of contract and the next job turned out to be awful and I had to look around and it was quite stressful as they would have approached the previous one for a reference. So I'd be careful with it.

I'm not buying this. If you were in HR you wouldn't be asking for the opinions of randoms on the internet.

I would post this on the jobs/HR board. I was of the understanding notice periods are very hard to enforce, particularly if it will compromise a new job.

Let's hope you don't need a reference from them in the future.

@Middylifecrisis do you really want to work for a company that wants someone not to work their 3 month notice period?

Do you really want to work for a company that is so disorganised that can't get maternity cover sorted?

If they want you, they'll wait.

Well, nobody can drag you in to work if you don't want to come. And in the vast majority of cases it's not worth the company's while to sue for breach of contract. But they can certainly put it in your reference, and it will most certainly set fire to your bridges at that job and give no good impression of you to anyone who hears about it. You can not care about any of that, obviously; that's the individual's choice. But I would have serious concerns about any possible employer who didn't respect that I would want to honour my obligations to my existing job.

There are two seperate issues

1. 3mths being too long for new job. If they want you they will wait. However negotiate with current job, its a conversation to be confirmed in writing later. Consider taking leave as part of that.
2. The handover - negotiate agreement to take some leave in notice period to do handover given their imminent need re mat leave.

Dont put yourself at risk of not having any job at the end of it.

You work in HR and don’t understand how notice periods and employment contracts work?

I'm really not convinced you understand the ins and outs of this situation.

You work in HR but need to ask MN about whether you need to stay and work your notice?

don't risk a shitty future reference ! negotiate to leave early

I would second this as I wish I hadn't and got pushed into it by a boss that turned out to be a total knob and leaving me looking for another job soon after.

as others have said, negotiate your notice period.

consider offering to go back for a couple of days freelance to assist with the handover when they've recruited. Do it as a contractor and the first £1k of self employed earnings are tax free - depending on your day rate, that should cover two days.

Let new employer know in advance, use annual leave from new employment.

Its a real dick move not to honour your notice period when you know they are short staffed.

If they fired you/made you redundant and didn't honour notice etc you'd be outraged.

New employer has to wait.

You signed the contract, if they had made you redundant you wouldn't say just pay me a month. All jobs want you to start ASAP, but most accept that you have a contract.

Then why are you asking us?

I've never worked my notice and been fine. But I've generally left a workplace because I hated it so no way would I stay longer than needed. Never affected references either.