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Original poster

Consequences of not working my notice?

20 replies

Snorkpod · 22/03/2018 17:20

Name change.
I've had my current job for 6 years. I hate it and it's affecting my health.
I was offered a job today which would be a very positive move for me. The catch is that I have to start a week on Wednesday. They said this was specified in the job advert but I've checked and it wasn't. It isn't negogiable.
This means I won't be able to work my 2 month notice. My employer won't be left short staffed.
I have a little holiday left but not much.
How can I persuade my employer to let me go immediately and if they won't what are the consequences for just leaving?

OP posts:

JoJoSM2 · 22/03/2018 17:27

That's very short notice. Just approach your employer asap and negotiate. They've got nothing to lose if you blatantly don't want to be there and can't wait to leave.

In all fairness, I'd also be wary of an employer who is so inflexible or insists that they date was specified (and it wasn't). Doesn't bode well.

Original poster

Snorkpod · 22/03/2018 17:39

There is a training event which is why the start date can't be changed. That isn't something they have control over. But I was concerned about them saying it was in the advert when it wasn't and the delay with being offered it given the timescales. Maybe I wasn't their first choice but the earlier person couldn't meet the deadlines?
What should I say to my boss though? I don't want to go in and say "I'm leaving next week. See ya" even though that is just what I'll be saying.

OP posts:

Fettuccinecarbonara · 22/03/2018 17:47

Speak to your boss. Explain how much your current job is affecting your health. Explain that you were considering visiting the doctors to get signed off to sort out your head, but you’ve been offered this job.

Explain that you’re sure your boss would rather you worked for a couple of weeks then start a new job, than stay in this job with a lengthy sick record.

JoJoSM2 · 22/03/2018 23:29

I'd probably approach it more from the angle of being apologetic and explaining that you realise the notice period is 2 months but you've been offered a position with training starting sooner so would like to leave. But would be happy to be available over phone/email for a few weeks if they have any questions.

I probably wouldn't try to turn it on them by talking about MH. Mentioning being signed off sounds like a bit of blackmail if you haven't made your issues known to the employer before. I'd worry that that approach would be more likely to piss people off and get you worse references.

underneaththeash · 23/03/2018 08:27

Could you take holiday next week to cover the training event?
Then work out your notice properly. I'd be wary of not at least working out a month in case you need to use your current job as a reference in the future.

justmetwice · 23/03/2018 08:48

Have you considered using your annual leave to go to the training event and then starting officially at a later date? I have had people in my team do that and it worked out well.

justmetwice · 23/03/2018 08:48

Sorry... Cross post

LIZS · 23/03/2018 08:51

Book leave for the training and try to negotiate a shorter notice period.

flowery · 23/03/2018 09:39

You're just going to have to explain and ask nicely. You could offer to be available for questions regarding handover on the phone for a bit longer as suggested above, but ultimately you've just got to ask.

If they refuse and you walk out, theoretically they could bring legal action for breach of contract, in practice doing so is almost never worth their while, as they could only seek actual financial losses, and unless you not working your notice is going to cost them a lot of extra money, that's probably not a big risk.

Most realistic consequence is that you can kiss goodbye to a good reference, which may or may not be a concern. If they have a policy of only confirming dates of employment it may not affect you, but otherwise it might, either for this new job or for future employment.

daisychain01 · 23/03/2018 11:24

I would question whether the new role / company will be a good move, or could it be out of the frying pan into the fire.

if they claim the start date was mentioned in the job spec, and you are clear it is not, how trustworthy do you feel they are?

a company that does not recognise or respect the candidate's notice period with their present employer (which is a contractual obligation) nor willing to engage in a dialogue around whether they can negotiate an earlier release, is of questionable repute IMO.

It sounds like they are putting you under undue pressure, by saying you have to start in an unrealistically short timeframe. Is training so set in stone they can't run it to the correct recruitment timescales?

I wouldn't be happy with a future employer doing that to me. And it would make me wonder what other stunts they might play on me when in role, if they cannot abide by basic employment good practice at such an early stage in the relationship.

Original poster

Snorkpod · 23/03/2018 14:57

Your comments regarding the notice are completely true.

The start date isn't negotiable and I do understand that. The training dates cannot be changed because it isn't them running the training. The training event starts but then there are 6 weeks of intensive training followed by an exam so I can't work it around leave from my current job Although that would have been a good idea if it was possible.

What bothers me is that they say it was in the advert when it absolutely was not. That is making me question them a bit but the job is an easy commute and the hours are perfect. It's also not where I am now.

I've left a message and emailed my manager asking her to call me asap. I don't work Fridays or Saturdays but have told her that she can still call me so hopefully she will get how urgent it is.

What to do?!

OP posts:

CuboidalSlipshoddy · 23/03/2018 15:01

if they won't what are the consequences for just leaving?

Practically? They can withhold your final paycheque.

Theoretically? They can sue you for losses they incurred due to your not working for them. You'd need to ask an employment solicitor how likely that is, but they would have to prove the losses and that they had not taken measure to mitigate them.

Even more theoretically? They could seek an injunction preventing you from working for the other company. But back in the real world...

Original poster

Snorkpod · 23/03/2018 15:26

Of course I wouldn't expect to be paid my notice.

Loss wise, I honestly don't see that there would be any. I'm not important. They probably will fill my position but there won't be a crazy rush to do so I wouldn't think.

The two jobs are completely different and so I can't see how they could stop me working there even if they wanted to.

I know it is horribly, horribly unethical but what if I kept quiet about the new job, took my leave and phoned in sick for the rest of the time? The likelyhood is that they will never find out. I know that woupd make me a horrible person.

OP posts:

QforCucumber · 23/03/2018 15:35

They cannot withold your final Pay, by law they have to pay you for hours worked and then seek damages elsewhere.

TBF if you leave there's not a lot they can do immediately, you may not get paid the holidays owed and they may seek to reclaim the damages caused by no notice but realistically not many places will do this.

TheMogget · 23/03/2018 15:39

If you called in sick you'd be entitled to pay presumably and they would automatically process that including SSP so you'd be committing fraud. Not advisable

Bombardier25966 · 23/03/2018 15:44

It's a shit thing to do, and makes it so much more difficult for people that are genuinely sick. It's people that abuse sick leave that make it so difficult for disabled workers to find employment, because businesses think it's them that will take excessive leave. Shame on you.

flowery · 23/03/2018 15:57

”I know it is horribly, horribly unethical but what if I kept quiet about the new job, took my leave and phoned in sick for the rest of the time?”

Leaving aside the ethics of it, what on earth fictitious condition would you claim to have which you’d be able to keep up for two months and would be able to convince a doctor to cooperate with?

RatherBeRiding · 23/03/2018 16:48

There is probably absolutely nothing they would do if you left before your contracted leave period (technically you might be in breach of contract, but they have nothing to gain from pursuing this - and how many people just walk out of unsatisfactory jobs without giving the proper notice?).

But they might give you a bad reference (although I believe that these days a lot of firms stick to a purely factual reference along the lines of X worked here during this period and X's duties were ABC...)

Best to be upfront and honest with your boss. You're leaving anyway, one way or another. You have a firm job offer which you will be taking, so you really need to leave on whatever date. Try to sweeten the pill by stressing how you will leave everything in order, all your work finished or at least up to date, crib notes for anyone who needs to know anything, a contact phone number/email in case they need to iron something out etc.

bunbunny · 23/03/2018 17:14

Any chance the job has been advertised several times and that while the start date was mentioned in some it wasn't in others?

Not trying to excuse the new company as they should have checked it was on everything but I can see how if they had to post the job a few times somebody might have thought ooh that start date is a bit close, I'll drop it off for the latter ads.

Is the course being run again so you could start in 6 months time if you can't start this one? Or if you say no will they find someone else?

Did they mentiin it at interview?

Difficult situation to find yourself in but hope you end up with a great job soon - wherever that is#

Original poster

Snorkpod · 23/03/2018 17:38

Ok. Phoning in sick is a bad idea. Sorry.

Missed a call from my boss but she messaged me to say she's not in until Tuesday now. I'm not going to text this to her as it won't be fair but I have said I'll come in 15mins before my shift starts as I need to speak to her.

I think you're right. I need to be honest, accept the grief I'll get and do what I can in the week I'm there to minimise the damage/inconvinience.

OP posts:

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