Resigning and not serving a notice period, in order to start new job the next day?

[Keyw007]

Hi everyone smile

So I've gotten myself into a slightly messy situation here.

I have a new unconditional job offer lined up which is due to start next week, however, I have not yet handed in my notice for my current job as I originally was not going to accept it. They have already done the reference checks which passed, as they previously went through my HR. My manager was also aware of this, but after some discussion assumed I was no longer going to accept the job.

However, I now have realised that I would really like to take the new job after all, and it is really too late to give any notice. The new job is due to begin on Monday.,

I know morally I have gotten myself into a very bad situation, however, I was wondering if you think it would be possible for me to send a resignation letter this weekend which can then be read on Monday morning, in order for me to begin the new job? The roles are in different locations and different industries, so I don't think I need to worry about the new job finding out about the circumstances of how I will leave my current job.

If I don't go ahead with the new job, then it won't be a problem contractually, as the contract will be signed and submitted during the first week, but as I said there is an unconditional offer. This is fairly normal for the sector, however.

I would be very grateful for any opinions - thank you very much. I know this is completely unprofessional and I have learned from my mistakes which have brought me to this situation, however.

Is your current employer expecting you to turn up to work on Monday as usual?
Is your new employer expecting you to turn up to work on Monday?

Do you have a contract which states how much notice is required if you resign?

@NovemberR

Is your current employer expecting you to turn up to work on Monday as usual? Is your new employer expecting you to turn up to work on Monday?

Do you have a contract which states how much notice is required if you resign?

Thanks for the reply.

The answer to both those questions is yes, and my notice should be 1 month in total.

If you’ve “only just realised” you want to take the job, and have presumably either turned it down or ignored it thus far, surely job one is to contact the new job, see if it’s still available, accept it, and establish whether Monday is still possible as a start date.

If the answer is yes, then obviously it’s possible for you to not show up for work on Monday and send a resignation letter instead. No one can drag you into work against your will. It’s just a question of what the consequences will be.

Obviously you’re not likely to get a decent reference from them again, which you may need for future jobs even if not this one.

The other consequence could potentially be legal action in respect of breach of contract. In most cases it’s not worth the employer pursuing that avenue, as their financial losses incurred aren’t usually large enough to make it worthwhile. But sometimes it is.

How will your current employer be impacted by not giving notice?

Can you tell new job you have to give a months notice? Its not unusal to do this and cant come as much of a surprise to new employer that you have to give notice?

do you have holiday due to you at current job? COuld you use that instead of notice period?

Could you contact the new employer and ask if you can delay your start date, and go from there?

I don't honestly think you can then. You've left it far too late. Either way you'll look really unprofessional and one set of employers is going to be utterly pissed off with you.

Your current employer could sue you for breach of contract if you simply didn't turn up on Monday. A month's notice is normal. You will leave them in the lurch and they would be well within their rights to pursue you for damages.

In my area of employment you would be blacklisted for this, to be honest. And word would get around.

I don't have any helpful advice.

Phone in sick. You can self certify for 7 days.

Within that 7 days, submit your resignation with immediate effect.

Done!

@flowery

If you’ve “only just realised” you want to take the job, and have presumably either turned it down or ignored it thus far, surely job one is to contact the new job, see if it’s still available, accept it, and establish whether Monday is still possible as a start date.

If the answer is yes, then obviously it’s possible for you to not show up for work on Monday and send a resignation letter instead. No one can drag you into work against your will. It’s just a question of what the consequences will be.

Obviously you’re not likely to get a decent reference from them again, which you may need for future jobs even if not this one.

The other consequence could potentially be legal action in respect of breach of contract. In most cases it’s not worth the employer pursuing that avenue, as their financial losses incurred aren’t usually large enough to make it worthwhile. But sometimes it is.

It was one of those things where I was thinking about it for a couple of weeks but was on the fence about things for a while (the new job is a 2-year fixed-term contract, which put me off vs my current permanent contract). I guess the thought of knowing the opportunity might be gone made me realise I didn't want to let it pass. I think the future opportunities provided by the new role will be better, and hopefully is a company I'll stay in for many years.

So I guess the main things I need to weigh up is mostly the effect it will have on the team and the lack of reference in future?

I’d say t he en only option is to be honest, send a letter to your existing boss saying you are aware you have let them down and Chuck yourself on their mercy. You may be able to offer repaying a months salary in lieu of notice if they don’t offer to release you?

@YepCuntyIsTaken

How will your current employer be impacted by not giving notice?

Can you tell new job you have to give a months notice? Its not unusal to do this and cant come as much of a surprise to new employer that you have to give notice?

The problem is I did actually have the offer at the end of December, but originally thought I wasn't going to pursue it. I really have created a mess for myself here from my indecisiveness.

So they offered you a new job but you didn't resign because you "weren't going to accept it".

How on earth have you got a start date for the new job if you never accepted it in the first place?

Why would they be expecting you to turn up on Monday for a job that you haven't accepted?

@MrsWooster

I’d say t he en only option is to be honest, send a letter to your existing boss saying you are aware you have let them down and Chuck yourself on their mercy. You may be able to offer repaying a months salary in lieu of notice if they don’t offer to release you?

Yeah, I genuinely feel awful to have created this situation for my colleagues. I don't think they would voluntarily release me without my notice, and the salary in lieu of notice would probably be a given. I think it would be a breach of contract, and as someone else mentioned, burning bridges and references.

”It was one of those things where I was thinking about it for a couple of weeks but was on the fence about things for a while (the new job is a 2-year fixed-term contract, which put me off vs my current permanent contract). I guess the thought of knowing the opportunity might be gone made me realise I didn't want to let it pass. I think the future opportunities provided by the new role will be better, and hopefully is a company I'll stay in for many years.”

But if you’ve only just realised you want it and it was supposed to start on Monday, surely you need to first establish whether it’s still an option?

”So I guess the main things I need to weigh up is mostly the effect it will have on the team and the lack of reference in future?”

Why not just hand in your notice? Surely the new job (if still available) will wait a month?

How much leave have you accrued? If you have any leave (remember it won't be your full allowance you can use that towards your notice period). Of course if you've already taken more leave then accrued up to this point you are going to owe your employer.

Honesty is the best policy, please don't go sick if you're not.

When did you accept the new job? At that point t you should have given notice. If you've only just accepted or, explain to them that you need to give notice. Then if you've got leave , you might be able to start earlier than a months time.

Explain to your current employer.....they may waive part of your notice period. They might want you to work it/use up your leave.

You've got the weekend to formulate what you're going to say....and possibly contact people to try and put things in place to manage this situation.

@NovemberR

I don't honestly think you can then. You've left it far too late. Either way you'll look really unprofessional and one set of employers is going to be utterly pissed off with you.

Your current employer could sue you for breach of contract if you simply didn't turn up on Monday. A month's notice is normal. You will leave them in the lurch and they would be well within their rights to pursue you for damages.

In my area of employment you would be blacklisted for this, to be honest. And word would get around.

I don't have any helpful advice.

You're absolutely right - even if I had given a couple of weeks notice it would have been more acceptable than what I'm proposing here. Even a weeks notice would have at least given them time to get the ball rolling with hiring a replacement. Leaving it to the very last moment is absolutely unacceptable, I agree.

I agree both companies would not hire me again after this, and that would be totally understandable.

I'm also worried that if the new company did find out in some way, they would question my character and feel I am unsuitable.

Have you had any contact from the new company about starting on Monday? Contract, settling in details, planned training schedule etc? Have you at any point formally accepted the job offer?

Because if it was just a ‘to start on x date’ but you never actually agreed then there is no job waiting for you. If you did and have been in contact with the new role I’m not sure there are many options open to you that don’t impact your reputation.

When you accepted the new job and signed the contract you must have known you were going to be leaving your current role? Or were you going to be letting one of the employers either way?

Tell the new job you're isolating due to covid and can't start yet. That gets you 2wks I think? Go to work for old job for those two weeks, resigning on day one to give them a chance to start looking for someone else. After two weeks start new job, telling old job you're isolating due to covid which sorts out the rest of your notice period.

Don't burn your bridges for a 12 month fixed term contract!

Surely you cannot expect to be paid from your existing job if you just dont turn up and you will piss them off but if you're that disloyal maybe they feel it's better you've gone. You will need a P45 and word will get round if it's the same industry. The new employer may find out and your reputation and integrity may suffer.

@flowery

”It was one of those things where I was thinking about it for a couple of weeks but was on the fence about things for a while (the new job is a 2-year fixed-term contract, which put me off vs my current permanent contract). I guess the thought of knowing the opportunity might be gone made me realise I didn't want to let it pass. I think the future opportunities provided by the new role will be better, and hopefully is a company I'll stay in for many years.”

But if you’ve only just realised you want it and it was supposed to start on Monday, surely you need to first establish whether it’s still an option?

”So I guess the main things I need to weigh up is mostly the effect it will have on the team and the lack of reference in future?”

Why not just hand in your notice? Surely the new job (if still available) will wait a month?

The issue is it's a training programme, with many new starters joining at the same time, and on a set date. That's also why the contracts are signed during the week. I didn't mention anything to them before, so the unconditional offer still stands.

The start date is set in stone, and when I asked them before about delaying the date, they said I can either start on Monday or drop out of the process if I feel I cannot make it.

@AmberItsACertainty

Tell the new job you're isolating due to covid and can't start yet. That gets you 2wks I think? Go to work for old job for those two weeks, resigning on day one to give them a chance to start looking for someone else. After two weeks start new job, telling old job you're isolating due to covid which sorts out the rest of your notice period.

Honestly, this is terrible advice and could have both companies taking legal action against you.

Have you accepted the new job and Monday start date? That seems strange if you have "only just decided you want to accept it".

Can the new employer be flexible about the start date or are there reasons it would have to be Monday or not at all?

I would hope to be able to agree with new employer to start in, say a week or 2 and to give existing employer a week or 2 notice + holiday rather than leaving them completely in the lurch by not turning up.

Even if you don't need a reference, new employer may be put off by your lack of commitment to a role if it gets back to them that you have done this.

@LeroyJenkinssss

Have you had any contact from the new company about starting on Monday? Contract, settling in details, planned training schedule etc? Have you at any point formally accepted the job offer?

Because if it was just a ‘to start on x date’ but you never actually agreed then there is no job waiting for you. If you did and have been in contact with the new role I’m not sure there are many options open to you that don’t impact your reputation.

I haven't signed the documents yet, as the programme sign-up will take place during the first week. I have been given an unconditional offer, however. In theory, they can just turn around and say they have changed their minds until I have formally submitted my programme sign-up documents in the first week.