notice period - if you refuse to work the full period, what is the worst an employer can do ?

[moomoo1967]

If I find another job I have to give 8 weeks notice, if my new employers want me to start in 4 weeks........what would happen if I didn't fulfill my contracted terms with my current employer. What is the worst they could do ? Withold my final pay maybe ?

withhold your pay, give you a reference that reflects it, sue for damages for the cost of hiring someone to do your job for the weeks that you should have worked it? It comes under breach of contract, so they could, in theory, take action.

Most don't though.

Could you not go to them and make a deal with them? Giving up some pay or something in return for working less notice?

I have only just realised that that is what my notice period is, have interviews and was just contemplating what could happen. Thanks

I probably would go down the route of speaking to my line msanager though

Have you tried telling new employer what your notice period actually is? They may either tell you to work full notice or be ok with poor references etc (although there is theoretically the potential for reach of contract proceedings as well).

Is 8 weeks a typical notice period in your field? Perhaps new employers may already be anticipating waiting that long for you anyway? Otherwise, perhaps you can negotiate with your existing employer once you have a new job and agree on, say, 6 weeks? Most companies will anticipate at least a four week delay before you could take up a job so 6 weeks may not be such a big deal.

The new job I have applied for is in a different industry than my current one. Like you say most employers expect 4 weeks notice. I'd better hope my line manager has some goodwill

I'm an employer. An 8 week notice period wouldn't put me off hiring someone who was right for a job. I wouldn't hire someone who breached their contrqct with their previous employer though. I recommend being honest about the peiod but saying that it's not unprecedented for people in your company to negotiate a shorter notice period and tis is something you'd be happy to explore

that is good to know pushmepullyou, when I left my previous job for this one 7 years ago the notice period was 4 weeks and that was in the same industry

My experience is to be honest with new employer, that you have an eight week notice period, but will actively request that they release you earlier, and so will let them know if you could start sooner. I take it you have no holiday left you could use? As a hiring manager I appreciate honesty, rather than then find out you have told lies if some poor references come in.