New employer cannot wait for my notice period, what are my options?

[TripleTruffle]

As the title says, I've been desperate to find a new role to get out of a toxic environment. The new role knew about the notice period but have advised they cannot wait for the full notice period after offering me the role.

Current employer is not willing to explore me leaving earlier and I have no annual leave left.

I've told the new employer unfortunately its not possible but they've advised they require me to start at a certain point.

What are my options?

You don't really have any options if your new employer is insisting on a designated start date. Obviously you have to start on that date and advise your current employer accordingly.

How long are we talking? A month?

it’s a red flag if new employer can’t wait one minth

any longer than that and I’d ignore, give them notice for a month and leave

How long is your notice period?

if it’s a month and the employer won’t wait, the. I don’t think much of them as an employer.

if it’s 3/6/more months, then I’d think that you might be able to negotiate with your current employer. Set out a thorough handover document and plan. Detail the current status of any projects you’re working on. Offer to do a couple of half days to handover to your replacement (if feasible).

I would look for another role. It's a red flag that the new company have dropped this on you only after offering you the role and that they are so impatient.

I’d be worried about the employer too. Why can’t they wait? Why did they wait so long to recruit?

TBH I'm not sure I'd want to take that job. What do they think you can do?

Who said you can not leave sooner than you should ?
Can you go above them ?

What would be the consequences of not working your notice?

If you have used all your AL you may have that deducted from your final salary, can you take that hit ?

Take unpaid leave ?

Could you get a sick note due to stress ( toxic work place )

Or from the other angle,
Can you start the onboarding / training process for your new company in the evening/ weekend ?

Can you do some of the work from home ?

But I'd be a bit concerned about the new company trying to rush you and be disrespectful to your current employer

Current is 2 months. HR and line manager have said I must work the full 2 month's notice.

Current is 2 months. HR and line manager have said I must work the full 2 month's notice.

And what are they going to do if you don't?

Yes in theory they can sue you but the reality is they are not going to do so unless you are the CEO of Tesco or something similar.

What would you recommend, offering a shorter notice period and forgoing any future reference?

As a manager / business owner we had people leave without working there notice period - there was nothing we could do about it.
Id consider leaving when you next get paid so you’re fully paid up to date.

You simply tell them when your last working day will be. The key is to tell them when your last working day will be, not ask them when your last working day can be.

Depending on the OPs role and the nature of the business, they could in theory sue for losses arising from the breach of contract (which not serving your notice would count as).

Highly unlikely, admittedly.

However the danger is once you have breached one contract .... well why would you not just breach the next if it doesn't suit you. And it would be a perfectly valid reference if an employer noted that "X did not complete their notice period as required by their terms of employment"

You don’t have many options other than leave ur employer early. You may not get paid, but there isn’t anything else they can do.

How much sooner do you need to leave?

If neither will budge then you've only two choices. Leave before your notice period and start your new job or turn down the job offer.

2 months isn't unreasonable, why is the new company being so inflexible? They knew your notice period, this is not new information to them, why are they so reluctant to wait?

Surely they knew your notice period at interview??

HR here. People leave with immediate effect all the time, we do nothing with it. I've worked in HR for 30 years and never heard of anyone actually going after an ex employee for breach of contract. But I'm public/third sector so perhaps businesses do.

Is that Law I thought 1 month is mandatory the rest e negotiable

It's contingent.

If the employee as a very niche - possibly regulated - skillset then the cost of finding cover while a replacement is sourced might be very easy to quantify to the standard needed for judgement.

Of course there's always the follow up fun of actually getting the money.

The law is in the contract OP has with her current employer.

If it's lawful. that is. Contracts can say all sorts of things.

Why is new job being so weird - tbh this would worry me that they'd be just as bad / worse than your current job.

I'd probably say to them that I'm contractually obliged to work my notice, and will be doing so, and trhy can be assured that I'll apply the same morality to working for them.

They can do with that what they will. If they're the sort of outfit that plays fast and loose with contractual obligations I'd not want to work for them and be on the receiving end of it.