Negotiating shorter notice period

Remmy123 · 2022-10-22T15:50:20+00:00

I work a few hours a day for a very small company in admin. pay is very low with no benefits. Expected to be on demand outside of hours. No benefits low hourly rate etc.. i have been offered a new job that is an amazing package and want me to start by a certain date and I am keen to start so I get more money at Christmas as things are very tight. i have asked my boss if he can waive 11 Working days (2 month notice period) but he is resisting. I can only leave if I find a replacement.. me personally, my sole responsibility, I cannot use a recruitment consultant I can only use free sites like Facebook as he doesn't want to pay. I have had hardly any interest so I am panicking. i have also offered to continue working for him alongside my new job (also part time) over the 11 said working days. But he said no. i haven't slept in x3 days and feel very overwhelmed I a have spent my Saturday trying to find candidates. any advice? Thanks

buttonsuptheback · 22/10/2022 16:52

Should it not be his job to find candidates?? How dependent are you on a reference from him and pay? Could you possibly just cut your losses and tell him you're simply just going to leave and not do the 11 days?

Halstead · 22/10/2022 16:53

Honestly?

Depends on whether you think they'd be successful at suing you for breach of contract.

If they'd lose money by you walking out - for example would have to hire a temp to fill in for you - then I'd (maybe) think twice.

If not I would - and have - walked out without serving my full notice (gave 1 months notice when contracted to 3 months)

Nothing ever happened.

Original poster

Remmy123 · 22/10/2022 17:05

Thanks

my new boss was only interested in references from my previous employers as it was more relevant. So no references required.

They they will not lose money by me going as they don't use cover whilst I am on holiday so can manage plus I offered to carry on working on my days off from my new job.

I've been so flexible but he isn't budging

i want to leave on good terms which is why I feel so stressed but I can't be fully responsible for getting someone new, I've only had x3 CVs in two weeks!

OP posts:

buttonsuptheback · 22/10/2022 17:09

I think you just need to go then, and focus on your new wonderful position. You sound really nice and you've clearly tried to bend over backwards to be fair to him although I genuinely don't understand why it's your responsibility to recruit a replacement. It's not ideal leaving on bad terms but that's life, and your future and new job is more important. I would even rescind the offer of working your old job on your days off.

Halstead · 22/10/2022 17:19

i want to leave on good terms

Can I ask what for? Not challenging you - genuinely curious if there's a specific reason or if it's more (as is my natural tendency) that you're a people pleaser and don't like the thought of leaving on bad terms.

Original poster

Remmy123 · 22/10/2022 17:33

@Halstead exactly that .. i am a people pleaser. I spent two years working for him (got spoken to terribly on occasion) never got a pay rise..

i am going out tonight for a special friend's birthday and I feel so on edge 😬

OP posts:

Halstead · 22/10/2022 17:38

Ok - I understand. It's a shit feeling

Unfortunately it comes down to what is more important to you. Starting the new role on time,or people pleasing this guy, who clearly isn't bothered about pleasing you.

Harsh, but fundamentally that's what it boils down to.

ThatGirlInACountrySong · 22/10/2022 17:46

Meh just leave!

Or go off sick

ChickinMarango · 22/10/2022 17:51

Can you see if the new employer can be flexible on days? Have you told them your notice period already? Just thinking if they’re so desperate for you to start asap could you work round your old shifts until you finish your notice period?

Newtt · 22/10/2022 18:36

i have also offered to continue working for him alongside my new job (also part time) over the 11 said working days. But he said no.

Why would it be any of his business where else you work? As long as there is nothing in your contract about concurrent employment, I don't think I would even mention it to your old boss - you are leaving that part-time job!
Start you new job while you finish your notice period.
Just get on with moving on and ignore your old boss who seems to be making life deliberately hard for you.
Good luck with the new job!

Invisimamma · 22/10/2022 18:42

Phone on sick for the rest of your notice period. I know that'll go against your instincts as a good employee but the guy sounds like a dick and doesn't deserve your time.

Betsyboo87 · 22/10/2022 18:47

If you work the remaining days alongside your new job does he need to know? Or will you need some flexibility. If you’re not dependent on a reference I would just walk. I know you want to do the right thing but sometimes you have to put yourself first

poopaloobop · 22/10/2022 18:48

Newtt · 22/10/2022 18:36

i have also offered to continue working for him alongside my new job (also part time) over the 11 said working days. But he said no.

Why would it be any of his business where else you work? As long as there is nothing in your contract about concurrent employment, I don't think I would even mention it to your old boss - you are leaving that part-time job!
Start you new job while you finish your notice period.
Just get on with moving on and ignore your old boss who seems to be making life deliberately hard for you.
Good luck with the new job!

This! Your current boss has no say over what you do outside of your working hours, so see if your new employer can give you your initial hours around your current hours for the 11 days. If you explain that the boss is being awkward hopefully they'll be sympathetic and help you work out a solution.

Original poster

Remmy123 · 22/10/2022 19:25

Thanks everyone I appreciate all of the kind and good advice.

nothing in contract to say I am unable to work in another job.

contract states I have to work 18 hours a week, no mention of set times so he doesn't have a leg to stand on!! I am able to fulfil those 18 hours.

he is just being bloody awkward!

feel less stressed after hearing other people's opinions x

OP posts:

been and done it. · 22/10/2022 19:55

Remmy123 · 22/10/2022 17:33

@Halstead exactly that .. i am a people pleaser. I spent two years working for him (got spoken to terribly on occasion) never got a pay rise..

i am going out tonight for a special friend's birthday and I feel so on edge 😬

Don't think twice. Leave and enjoy your new role.

RunningFromInsanity · 22/10/2022 20:01

Meh just randomly chose one of the 3 CVs. Not your problem if they turn out to be shit at the job.

wowzersididntexpectthat · 22/10/2022 20:58

My husband was on a three month contract where he worked previously.

He was offered a new job but they wanted him to start within a month.

His former employer sensibly made the decision that if he didn't want to be there any longer then his heart wouldn't be in it, so allowed him to leave early.

Realistically you could just keep going in but sit there doing nothing all day. They will soon let you leave!

wowzersididntexpectthat · 23/10/2022 01:46

Sorry, I meant three month notice period
and not three month contract!

Original poster

Remmy123 · 23/10/2022 08:03

@wowzersididntexpectthat Exactly, well his boss sounds reasonable - I think I'm shocked he is making such a fuss.

my last email from him was on the lines of and almost word for word :

if you do not complete all tasks that I give you

if you do not find a suitable replacement

then the full notice period still stands.

😬😬

OP posts:

abitmoreclarity · 23/10/2022 12:55

Remmy123 · 23/10/2022 08:03

@wowzersididntexpectthat Exactly, well his boss sounds reasonable - I think I'm shocked he is making such a fuss.

my last email from him was on the lines of and almost word for word :

if you do not complete all tasks that I give you

if you do not find a suitable replacement

then the full notice period still stands.

😬😬

Perhaps you should go off sick with the stress your boss is causing you!

Princessglittery · 24/10/2022 11:14

Do you have any annual leave which you can use for the 11 days?

Original poster

Remmy123 · 24/10/2022 15:06

@Princessglittery no I don't I am already using unused holiday to shorten my notice period.

i am over it all now we have just had a meeting and he was incredibly rude to me several times 😡

OP posts:

Princessglittery · 24/10/2022 15:51

The bottom line is whilst it is a breach of contract to not work your notice period in reality very few employers take legal action.

In most cases you can work with your current employer to negotiate a shorter notice period. You’ve tried that.

You could just not turn up or as pp suggested go sick and unless they are really litigious you are unlikely to hear anything more.

As you can fit the 18 hours around your new job then do that. Think about if it would make it easier to split your leave e.g. take 1 days leave each week so you only have to work 12 hours. Yes you would work later into your notice period but it might make it easier on you.

WRT your replacement, forget it. Unless you work in the recruitment team, it is their job to find your replacement.

Original poster

Remmy123 · 06/11/2022 07:55

So I am due to leave next week
and my boss still hasn't accepted my leaving date, ignored my last email asking to waive 10 working days so I can start new job on a certain date.

I got two very good candidates but he is insisting I get a third which I have said I can't do as we are not using a recruitment consultant so I've been left to sort and the pay is low so it's just not easy. One candidate has another job offer so they will lose her, he said that's just a risk they have to take in order for me to get a third.

i don't think he really believes I am going early - I have a face to face meeting tomorrow and I do not want to bring it up because it will end in a row he can be bullyish.

shall I just hand my stuff over on the other and go? 😬😬

there is no HR departmebt I've no idea how things should be done. I have been very clear in my leave date which is also in my resignation letter. I offered to cover my role (part time) along with my new (part time) role until they find someone so have shown flexibility but they said it's "against company policy" but there is no policy / staff handbook etc so they are trying to have me over a barrel!

OP posts:

Newtt · 06/11/2022 12:04

Remmy123 · 06/11/2022 07:55

So I am due to leave next week
and my boss still hasn't accepted my leaving date, ignored my last email asking to waive 10 working days so I can start new job on a certain date.

I got two very good candidates but he is insisting I get a third which I have said I can't do as we are not using a recruitment consultant so I've been left to sort and the pay is low so it's just not easy. One candidate has another job offer so they will lose her, he said that's just a risk they have to take in order for me to get a third.

i don't think he really believes I am going early - I have a face to face meeting tomorrow and I do not want to bring it up because it will end in a row he can be bullyish.

shall I just hand my stuff over on the other and go? 😬😬

there is no HR departmebt I've no idea how things should be done. I have been very clear in my leave date which is also in my resignation letter. I offered to cover my role (part time) along with my new (part time) role until they find someone so have shown flexibility but they said it's "against company policy" but there is no policy / staff handbook etc so they are trying to have me over a barrel!

Seriously? Why on earth are you doing this?

You have handed in your notice.

I guess it may not be unreasonable of him to ask you, as part of your current duties, to spend work time on recruiting your successor - but that is the extent of it. His choice, his expense, his workplace.
It is NOT your job to find your (or 3 potential) replacements or face threats!!

He is STILL just out to make life difficult for you.

Your notice period is your notice period. However, he rather trampled over that by trying to stop you working elsewhere while working your notice with him - so ignore him.

Reiterate you are leaving.
There is NO policy about second jobs so it is NONE of his business how you spend your time outside of work.

Work your notice and start new job, DO NOT TELL HIM - do NOT engage in that conversation.
With the best will in the world, you are perpetuating the situation by engaging with him.

If you are taking a step up in your job / career, you will need to start to learn how to respond professionally in more challenging situations - practice now!

He has had time to plan for your replacement - in fact he probably has started his own recruitment search.

Sorry, this is longer than I imagined it would be - basically DO NOT engage with this farce. You can work both jobs for the last 10 days or leave early END OF.

I would never normally dream of suggesting calling in sick, but on this one instance...

Have references etc been sorted with your new job?
If not you just need to outline briefly that you boss doesn't want you to leave... etc etc...
Provide some good personal references to them.

DO NOT SIT IN A MEETING WITH HIM HAVING A ROW.
They do not have you over a barrel. You have a small part time job there - just leave. He is just playing with you.