Anyone not worked their notice period?

[CherylPorter350]

I've been in my role for 3 months and have accepted a new job. I handed my notice in yesterday and was told my notice period is 3 months as I'm now, only just, out of probation.

I only want to work one month notice, I've asked them to shorten the period and they won't agree.

I'm considering working my month then just going. I know they could sue for breach of contract but they'd need to evidence financial loss and raise a court action. I can't see where they'd evidence financial loss due to my limited experience in this role, they wouldn't be able to get someone in temporarily so no additional cost there. It would more be inconvenience to them.

Has anyone here not worked their notice period? What was the outcome?

I would be slightly concerned with the reference given to the new employer. It would be a factual statement to say that you had neglected to work your contractual notice period.

Hmmm, I’d say double check your contract and go by what it says in writing.

3 months seems a short probation period. And 3 months seems a long notice period for a position that has such a short probation period!

3+ months notice is usually only for senior positions that have a lengthy recruitment process or particular skills that are in short supply so, again, have a lengthy recruitment period. Does that apply to you?

Had you been told in writing that you have passed probation? Before resigning?

What does it say in your contract?

Oh, to answer your question, I left one job without notice due to a family crisis. They were absolutely shit about it in the run up (accommodations could have been made but weren’t) so I made clear in my resignation letter that I would not be available to serve notice. I got an email a few weeks later asking how things were and when I was planning to return. I really enjoyed deleting that email and never responded.

@Calmamongthechaos

I would be slightly concerned with the reference given to the new employer. It would be a factual statement to say that you had neglected to work your contractual notice period.

They're not being asked to provide a reference thankfully just verification that I work here and that's to be sent now.

@DifficultBloodyWoman

Hmmm, I’d say double check your contract and go by what it says in writing.

3 months seems a short probation period. And 3 months seems a long notice period for a position that has such a short probation period!

3+ months notice is usually only for senior positions that have a lengthy recruitment process or particular skills that are in short supply so, again, have a lengthy recruitment period. Does that apply to you?

Had you been told in writing that you have passed probation? Before resigning?

Contract states 1 month notice within probation 3 month notice outwith. I hadn't anticipated this situation arising so didn't think too much on that aspect.

I'm a solicitor but I'm newly qualified so I'm at a lower level, they could replace me easily enough with a litigation executive. This is my first time practicing in this area of law so I'm not overly experienced at all so it's not much of a 'loss' so to speak. I'm moving to a completely different area of law so no danger of taking clients etc

Were you informed you had passed probation before you resigned?

I used to work somewhere that had a 3 month notice period, despite the positions not being particularly skilled or senior in nature. One woman wanted to give 1 month notice for her bookkeeper level position (which was verbally agreed by management). They then told her a couple days before her last day that she had to work the full 3 months after all. She left after the 1 month and they did try to sue her. Luckily it didn't go anywhere, but all that to say that, despite it being rare, it can and does happen.
Ultimately though, it doesn't happen often and the costs would need to be reasonable (the difference between your hourly wage and an agency temp, for example, and not, as was in the case above, the wages, flights and accommodation costs for flying a senior financial officer over from the other side of the world...)

IME what most people who don't want to work their notice do is get signed off sick once they've given notice...

Oh. As a professional I don't think you want that on your record. You'll likely have to give this employer as a referee for your next job.

@QuestionsorComments

IME what most people who don't want to work their notice do is get signed off sick once they've given notice...

This has also been my experience. People who don’t want to work their notice period book it up with annual leave and then get signed off with stress.

Hmm I’m a Solicitor and a 3 month notice period is pretty standard once out of the probation period regardless of years PQE. I just wouldn’t want it on my record, reference provided or not. I know you’ve mentioned working in a different area of law but the legal world can be very small and things do come to the attention of future employers by all sorts of means. Has your new employer asked about a notice period?

@Calmamongthechaos

Hmm I’m a Solicitor and a 3 month notice period is pretty standard once out of the probation period regardless of years PQE. I just wouldn’t want it on my record, reference provided or not. I know you’ve mentioned working in a different area of law but the legal world can be very small and things do come to the attention of future employers by all sorts of means. Has your new employer asked about a notice period?

This is good advice. I work in a similar area and you’d be known as that person. Surely your new employer understands, it’s pretty standard for a lawyer to have 3 months?

@Calmamongthechaos

Hmm I’m a Solicitor and a 3 month notice period is pretty standard once out of the probation period regardless of years PQE. I just wouldn’t want it on my record, reference provided or not. I know you’ve mentioned working in a different area of law but the legal world can be very small and things do come to the attention of future employers by all sorts of means. Has your new employer asked about a notice period?

I spoke with my new employer this morning who have voiced they would like me as soon as possible but they understand if im compelled to work the 3 months notice.

I know its not unusual within the legal sector...just seemed unreasonable to expect 3 month notice when it's as long as I've worked for the firm.

I'll try again and negotiate a lesser notice period once they have completed my verification.

@MickeyMouseEars

I used to work somewhere that had a 3 month notice period, despite the positions not being particularly skilled or senior in nature. One woman wanted to give 1 month notice for her bookkeeper level position (which was verbally agreed by management). They then told her a couple days before her last day that she had to work the full 3 months after all. She left after the 1 month and they did try to sue her. Luckily it didn't go anywhere, but all that to say that, despite it being rare, it can and does happen. Ultimately though, it doesn't happen often and the costs would need to be reasonable (the difference between your hourly wage and an agency temp, for example, and not, as was in the case above, the wages, flights and accommodation costs for flying a senior financial officer over from the other side of the world...)

It's unlikely they'd get a temp in...they'd simply divide my case load between the existing team. Hence why I can't see any quantifiable loss worthy of raising an action.

In all honesty, in the 3 months I've been there I've amassed a case load of 170...they started two new members of the team a month after me who have 40 cases each so its not unrealistic to split my case load without any undue pressure as they were happy to bombard me but break the others in gently.

My new employer is a government agency...its my dream job and I would not be moving from there so don't see any point I'd need a reference from my current employers

A lesson for the future then. Always state the contractual notice period, even if it seems unreasonable. You can of course always ask after that but it’s good to manage expectations. Glad it worked out, see it as another 3 months to develop and with no pressure, you will still be able to pull on some skills you have gained in your new role.

Don’t assume you will never leave your new job. Dream jobs can turn out not to be, you might want a change one day, there might be redundancies etc etc

No I have never not worked my notice period. But I have twice been in the scenario that other people have not worked theirs. No, no employer is going to pursue this legally. The outcome is leaving on poor terms / burning bridges and professionally reputation damage, the world is smaller than you think.

As an aside, I am surprised that your employer is making you stick to your notice period when you have only been there three months, seems like a waste of everyone’s time.

A politely worded email firmly requesting/ asking for it to be reduced, with good reason - the above, that you've only just passed 3 month probationary and that it's a month before that.

@Oblomov22

A politely worded email firmly requesting/ asking for it to be reduced, with good reason - the above, that you've only just passed 3 month probationary and that it's a month before that.

As soon as they have completed my verification I think I'll be doing this. I'm not going to rock the boat until they've completed that piece of paper lol

Be careful how this looks to your new employer also. If I was them I’d be spooked. It’s all part of the picture of what kind of employee you are…

@FudgeSundae

Be careful how this looks to your new employer also. If I was them I’d be spooked. It’s all part of the picture of what kind of employee you are…

I've explained the situation to my new employer and informed them ill make a formal written request for a lesser notice period and keep them informed of the outcome. I won't do anything that will jeopardise my new role