How can I get out of 3m notice

[oopsididitagainn]

I’m in a bit of a pickle!

I started a new job in April which unfortunately I absolutely hate - not only is the role not what I thought it would be, but I also have a long commute 3 days a week which often takes me in excess of 1.5hrs each way. I was naive to think it would be fine when I accepted the job - a lesson has been learned! I started looking for a new job pretty much immediately but wasn’t able to land anything, and I passed my probation period in July which means I’m now tied in to a 3 month notice.

By some miracle I’ve been offered a new job at a company that is a 20 min walk away from where I live and I’d be doing something I’ve got bags of experience in so it feels like a win-win. The catch is it’s only a 12m FTC so they’re looking for someone to start ASAP. I’ve explained the situation regarding my current notice but they’ve already said they wouldn’t be able to wait 3 months.

My current employer is very corporate and by the book and they’re not willing to negotiate down my notice. So I feel stuck between a rock and a hard place.

Does anyone have any advice on how to get out of the 3 month notice early? Can I just leave with immediate effect? Are there likely to be serious/legal repercussions?

Otherwise I’m contemplating working a few weeks to tie up any loose ends, then telling my current employer I need to be out of the country due to a family emergency (I have family in France), starting the new job and simply not returning to my old one before my notice ends.

My role isn’t senior and I’m currently not working on any ‘live’ projects so don’t feel like my absence will be a huge miss.

Thoughts/advice?

TIA

Are you not in your probationary period? If so, what is your notice period during this time.

She mentioned she passed her probation.

from what I’ve read they can sue you, but it is unlikely they’ll bother

Have you actually asked if they would waive the 3 months? Why would they want an employee to stay who is desperate to leave?

Legally you signed a contract with that notice period. So if you walk away you could be considered in breach of contract and there could theoretically be legal action against you to recover any costs they incurred.

However my experience is that this hardly ever happens.

They could also mention your early exit in a reference but most references these days are simply to confirm dates of employment and job title.

I personally wouldn’t lie about the family emergency. I would be honest in saying that you unfortunately have to leave soon, that you will tie up lose ends and your last working date is X. And then just hold firm ‘unfortunately not in a position to work my notice, my last working day is X’ They can’t force you to stay, and it isn’t in their benefit to try to force an unhappy employee to stay. But in doing this you do need to be fully aware of the potential consequences.

I passed my probation period in July which means I’m now tied in to a 3 month notice

I wouldn’t be too worried about legal consequences. Technically they could take legal action for breach of contract but this is rare, especially when you’ve only been there since April anyway.

The main concerns I’d have if I was you is they could refuse to pay any unused holiday/bonuses/commission, they can mention you leaving without working notice in your reference, and depending on the industry it may burn more bridges for you than you think. If any of those would be a concern, don’t do it. I also wouldn’t lie because they could well ask for proof, and could well find out anyway.

Check if your current contract says you need to tell them if you have another job. Mine does and if so you'd effectively be working for both companies while you're 'dealing with the family emergency'.and have to tell them I've negotiated a shorter notice period and done that with those that work for me. We usually settle for a out 2 months if the full notice is three, but this is entirely the company/manager's discretion.

It’s arguable that a 3 month notice period for a junior employee in a non critical role is not reasonable. I’d have thought it wouldn’t be worth it for them to pursue you legally.

I wouldn't lie just be honest. It's unclear from your post if you have already handed your notice in or you have just made an assumption they wont shorten your notice period. If you haven't already I would email your resignation saying - I'm unable to work three months notice and my last working day will be X. See what they come back with and take it from there.

You could always tell them you are moving to a new role with one of their competitors. Often, employers would put you on immediate garden leave in that situation, to minimise any risk of pinching customers or company data.

They'd then bite your hand off if you offered a 2 week notice rather than 3 months. Would save them 3 months of paying you to sit at home. Win-Win.

Thanks all for your input and advice!

I agree 3 months feels unreasonable for a junior level role - and they’re unwilling to reduce this as they ‘don't want to set a precedent’…

I hadn’t officially handed in my notice yet at the time of my original post, I had simply told my manager I had been offered another role which I was going to accept and she mentioned they expect me to work the 3 months. I need to hand my written notice in to HR today so I think I will take your advice and simply give one months notice and see what they come back with. Ultimately they can’t force me to come in beyond the dates given and they’ll be aware I’ll be working at a new job.

Here’s hoping for the best and for the next month not to be too awkward!

Thank all

Many years ago I was in a similar position and initially the Company refused to let me leave with four weeks notice ( I was on 3 months notice.)
My contract stated something along the lines of 'payment made be made in lieu of notice' , and I pointed this out and they said 'oh no, we can do that but you can't', I said the contract doesn't say that and they relented and we agreed on six weeks, no payment being made by either party.

As others have said they have limited practical ability to actually make you stay. I think do as you plan and see what response you get. I would also explain that the commute is having a really bad impact on you so you won't be able to do it for another 3 months.

Suing an employee for breach of contract is a challenge, as an employer has show actual financial loss which isn't straight forward. It isn't enough just to demonstrate an employee didn't work the contractually required notice. Most employers recognise forcing somebody to work when they don't want isn't worthwhile. Good luck.