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Original poster

Employment Law - Notice Periods

19 replies

Jenswish · 15/06/2006 16:04

Hi,

I've been offered a new job which they want me to start in 2 wks. However, my contract says I must give a months notice.

Is there anyway I can get out of this?

If I dont start within 2 wks then I wont get the job and I really need to get away from here.

I'm paid at the end of every month for the month I've just worked.

Thanks for any advice!

OP posts:
TwiglettCarrier · 15/06/2006 16:04

give in your notice, ask for that end date .. if they refuse take it off sick .. its not like they can do anything really is there

Blackduck · 15/06/2006 16:13

Hand in notice - say you want to leave early because the other job need you to start early. Be professional - point out that you know you aren't giving your full notice etc. Most places will let you go - anything rather than have a pissed off employee who is going to piss off everyone else....

Original poster
Jenswish · 15/06/2006 16:17

I'm worried that they wont pay me for the month, or if they do that they'll then try to take it back.

OP posts:
Twiglett · 15/06/2006 22:22

they'll pay you for what you work

Original poster
Jenswish · 16/06/2006 07:59

I'm going to speak to the HR manager when she gets back from holiday on Monday about it. Hopefully before my boss does.

If they won't let me do 2 weeks notice tough shite! I just hope theres nothing legally they can do to make me.

OP posts:
clerkKent · 16/06/2006 13:00

It is not against the law not to work your notice. It would be a breach of contract, but your employer MUST pay you for the days you work. And they cannot give you a bad reference (although they could say you did not work your notice). Theoreticlaly the employer could sue you for your breach of contract, for the loss to the company for the 2 wekes you did not work (e.g. the cost of a temp to cover that period). However they would be crazy to go that far for the damage to reputation it would cause them.

Do you have any unused holiday that can be offset against the notice period?

Original poster
Jenswish · 16/06/2006 13:39

I dont know the boss wont tell me, shes been very dodgy with me since I said I was looking for work this is just a long line of things that she is doing (I think to wind-me up)

I think I shold have 2 days (cos 20/12=1.5 days a month) you know. :) I've had 2 days. So that should leave me with 2.5 days.

OP posts:
sandradee · 16/06/2006 13:47

I think that there are several things you can do here

  1. hand in your notice and take the holiday that you are owed as well (by law they have to allow you to take any days holiday) so that would bring it down to possibly 8 days instead of 10 days that you are overlapping. Then be prepared to not be paid for those 8 days

  2. Go back to the company that offered you the job and be bold and say that if they want you they should be prepared to wait 10 days - for goodness sake they have just paid money to recruit you so they should be prepared tp be a bit flexible (obviously say this is a nice wy but get your point accross).If they are a resonable employer then they will understand that the standard working notice is a month. Personally I would not want to take a job with a company that was being so unreasonable (sorry)

  3. resign and try your best to see if your current employer will take pity on you.

Just one question - are you going to a competitor? Normally if this is the case they won' let you work your notice anyway and you'll be marched off the premisis pronto.

sandradee · 16/06/2006 13:49

Oh - or you could even use the fact that you have a new job to try and negotiate abetter rate for you if you stay where you are - why dont you say that you have been offered a new job but would like to stay where you are and what can they do for you in order to make you stay.

Original poster
Jenswish · 16/06/2006 13:53

Thanks Sandradee,

They're not really being unreasonable. I went jobhunting cos I need either a pay rise or a job closer to where I live (cos I moved)
My job wouldnt give me a pay rise even tho they knew I'd leave if they didnt.

This job is recruiting 2 people and want to train them up at the same time, I'm already going to be starting a week after her if they let me off with 2 wk notice. Plus they've already agreed to pay me the £12'500 pa I asked for instead of the £12'000 they were originally going to pay.

Most of this is my fault as I didnt check my contract before hand and assumed it was 2 weeks as that has been my notice period in every other job I've had.

OP posts:
sandradee · 16/06/2006 13:58

Oh I see..... then I think that you will have to either try and get them to let you go - you may be surprised. How easy would it be for them to find a replacement? Could you help them find one? I don't know what you do but for example I know that where I work my director's PA has just gone on mat leave and she has helped to find her replacement. If you were able to find someone to fill your shoes quickly then it might help them decide to let you out early.

Or failing that then take some days unpaid so that you can be released to go to the other job

Hope it all goes well - good luck!

Original poster
Jenswish · 16/06/2006 14:04

Well they got me through an agency and I know they'd do the same so it would be very easy to get a replacement. With or without my help!

Thanks for your help

OP posts:
sandradee · 16/06/2006 14:09

agencies cost money though.

What ever you do, don't give you current company them the impression that you are desperate because that way they will know that they have you cornered.

Kelly1978 · 16/06/2006 14:13

Legally it is breach of contract and you can be sued for it. But they have to proof that it cost them £x to get a replacement and they were really stuck etc. and the amount it would cost them outweighs the possible benefits of sueing you. So it doesn't happen. Be polite and firm and give in your notice as two weeks. They do have to pay you. Dp actually did the same thing in his last job, gave a few days when it was supposed to be a month.

Original poster
Jenswish · 16/06/2006 14:41

well the plan is to go in on monday and hand them 2 weeks notice. If they want anymore than that then I am leaving anyway. this job is too good to pass up.

OP posts:
sandradee · 16/06/2006 15:11

Good luck!! post back to let us know how it goes

Original poster
Jenswish · 16/06/2006 15:12

Will do, I should get to speak to her on monday with any luck so will let you know then.

OP posts:
Original poster
Jenswish · 19/06/2006 10:13

Just for anyone that wanted to know they have agreed to a 2 week notice period cos they knew I was looking.

Thanks for all info and help! :)

OP posts:
sandradee · 19/06/2006 12:28

Wooohooooo!

Well done!

Best of luck in your new job

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