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Resignation period

7 replies

TSSDNCOP · 29/04/2015 10:21

I have a third interview for a much wanted post next week.

The notice period for my current job is 1 month. Assuming I got the new job, what's to stop me resigning and giving no/less than the 1 months notice?

I get paid a month in arrears. OT is paid the following calendar month.

Aside from bridge burning, about which I genuinely don't care having had my last ounce of goodwill squeezed out last week, what's the worst they can do.

It's a retail post if that has any bearing.

OP posts:
LIZS · 29/04/2015 10:26

Aside from a lack of goodwill should you ever need a reference, you may not get a p45 immediately and there may be a clause preventing you undertaking employment with a competitor while contracted to them.

Skiptonlass · 29/04/2015 10:45

Can you use accrued holiday time to leave earlier?

I would work the notice period. Yes, it's tempting to burn bridges but it's a small world. I've ended up working with people I've worked with previously an awful lot. You'd also be surprised at the likelihood of someone's friend/relative being connected to a past job and giving their opinion on you.

TSSDNCOP · 29/04/2015 11:11

Thank you.

My contract actually has never been amended since I joined on a minimum hour contract, at that point notice was 1 week! Role has increased since then but contract has not been amended. Bad admin could work for me perhaps!

I'm going to leverage holiday try to negotiate 2 weeks I think as a compromise.

OP posts:
tribpot · 29/04/2015 11:15

So if your contract says a week, why do you think you might have to serve a month?

prepperpig · 29/04/2015 11:20

They could in theory sue you for breach of contract but it rarely happens.

Check that your contract doesn't have a clause saying that if you give short notice they can offset the shortfall against pay.

Just because your contract hasn't been updated that doesn't mean you don't have a one month notice period if the notice in the current role has been made clear to you. Employment contracts are not like other contracts, they can include terms which are not set out expressly in the document.

TSSDNCOP · 29/04/2015 12:08

That's what I was thinking prepper. It hasn't been made explicit, but only because I haven't asked. I come from a culture where you don't make your plans to leave clear until you quit. I don't think I'm essential, but my leaving will certainly be considered very inconvenient as there's absolutely no succession planning. I suspect they will push for the max simply because of that.

OP posts:
prepperpig · 30/04/2015 09:16

There's a difference between them not telling you that your notice period is now one month and them telling you or putting it in a different document but not getting around to updating your contract of employment document. If its the former and they've not told you that the notice requirement has increased then they're likely to be stuck with the week.

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