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Do I have to work all of my notice period?

7 replies

HeyLollyLolly · 24/05/2012 00:09

Thinking about leaving my current job which I've only been in for 4 months, but really don't enjoy and am experiencing a lot of stress with it - not what I thought I was signing up for etc etc. I have a 3 month notice period that I would not want to work - I'd want to get out of there as soon as possible - probably a month since I have to give my daughter's nursery a month's notice anyway. My question is can they hold me to my notice period? Anyone know if / how employers can force someone to keep turning up, or what consequences there might be for leaving early? My contract doesn't say anything more than what my notice period is. A director in my department left on early retirement / voluntary severance recently on just over a week's notice (presumably he'd have been on at least 3 months notice terms too at his level). Is that different...?

OP posts:
SweetTheSting · 24/05/2012 00:11

Was there no initial trial period in your contract with a shorter notice period?

HeyLollyLolly · 24/05/2012 00:12

No - no probation, no trial. Good in some senses if facing redundancy. Rubbish when you want a quick exit!!

OP posts:
sadsac · 24/05/2012 00:19

Could you maybe try and negotiate something with personnel, mentioning the stress? It might be that the director left through illness or caring duties or something and may have negotiated an early release.

Iwantcandy · 24/05/2012 00:43

In theory if you failed to work your notice period your employer could sue you for the financial losses incurred as a consequence. For example if they had to employ an agency worker temporarily at a higher rate of pay until they found a permanent replacement. In practice the costs of sung you for what I presume will be a relatively small sum will mean they ate very unlikely to do so

As you haven't been there long you may bs able to negotiate a mutually convenient leaving date with them

(however if you think they would be likely to incur a substantial financial loss as a result of you leaving you may want to think twice)

Ps don't forget you'll also gave accrued some holiday

Glamorgan · 24/05/2012 13:24

You will be contractually bound to work your notice, and if you don't you will be in breach of contract and your employer could take legal action. My advice is to see if you can negotiate a shorter notice period but accept you won't be paid in-lieu for the balance

SleepBeckons · 24/05/2012 20:38

How do you think your manager would react if you booked a 1-1 to discuss your role, and you talked though your reasons for wanting to leave? If you can go in with a list of things you can complete within 4 weeks, would they agree to it? If it is possible to negotiate, then I'd say that is the best solution.

Some years back, I was offered a great role but needed to start in 4 weeks time. My notice period was 3 months, so in my resignation letter, I was very positive about my current company, and praised my then manager. I then stated the new role was a terrific opportunity for me to progress my career, therefore I wanted to agree an earlier leaving date than the standard 3 months, and for my final date to be 'on or around xx/xx/xxxx' which was in 4 weeks time.

Can't say that my then manager was happy about this - in fact he was absolutely livid because there was a recruitment freeze on, so no hope of replacing me. But the company was a multi-national, so references were very brief, factual statements prepared by HR, and I just kept my head down and worked exceptionally long hours during those 4 weeks to make sure that I completely documented everything I did, and that the handover was as smooth as possible.

I don't know if he took a leaf out of my book, as he never spoke to be again after I left, but I heard though former colleagues that when he handed in his own notice the following year, he only worked 4 weeks notice as well :-)

mysteryfairy · 25/05/2012 12:44

This is clutching at straws slightly but do you definitely have to give them 3 months notice. There are a lot of people where I work who the employer would have to give 3/4/6 months notice to but the employee only has to give a month. Might be worth a double check.

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