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?

Why does the new job need you so urgently?

I'm a bit worried that you may be leaping from one toxic environment to another. Unless you know they've had a large development they couldn't have foreseen, which only you can deal with, they're extremely bad at planning and much too willing to apply unreasonable pressure on you. Were you in the running for any other positions?

At least try telling them you'll need them to indemnify you against any claim by your soon-to-be-ex employer for breach of contract. Make them put it in writing. This will show them you take your contractual obligations seriously.

Have you gone through the entire recruitment process with the new job? As in, you've had written confirmation of the job offer/they've received references from your current employer? I presume you told them of your notice period during the interview or soon after? Why are the new employers not accepting your notice period? I'd be concerned in all honesty, why the new company are pushing you to start before the end of your notice period? I agree that 2 months is probably a little more than average, but it's not an astronomical amount of time to wait.

If you are desperate to get out of your current job and start the new one, then you are going to have to tell your employer when your leaving date will be. Don't ask, tell them. Your employer can disagree, but what can they do? It's highly unlikely they'd waste money taking you to Court, for breach of contract.

Perhaps I'm just thinking of this the wrong way but I'm not sure I'd want to hire someone who's told me they can't accommodate my request to start earlier and when I've pushed them into a corner, they screw over their current employer (from their view) to accommodate it.

If they didn’t want you to “screw over” your current employer, they wouldn’t push you into a corner. That’s a contradiction.

if the start date was a dealbreaker, they’d just move on to the next candidate

No references yet, these are done with all of the info gathering/before start which is another concern!

I’m not sure the new people sound great @TripleTruffle … why can’t they wait/compromise?

Sounds like you're jumping out of the frying pan and into the fire. Dont do it

The new company sound incompetent. As I said earlier I would look for something else.

Why would your old company want you hanging around for and extra month.

this seems like a weird power play to prevent you moving on, why is it you want to change jobs?

a pp stated get paid and leave, don’t return.
or tell them verbally you’ll be leaving after a month as 2 months is to ling

Unpaid leave.

Are you working/going to work in public sector?

Have you already handed your notice in and received an offer from new employer?

Had offer but not handed in notice yet which already puts me in a tricky situation with my current employer. No references conducted yet.

I'm not in a senior role and in a private company currently. I would be going into another private company.

I think you should consult ACAS.
Also mention to the new firm that not complying with your existing company's notice period could dramatically affect your references, which are currently good.

Ask if they are happy with that and also what is their reason for the rush?
How far away is the start date they are asking for.

If its less than a month its unrealistic because unless they take someone whose out of a job, most applicants would have to give notice.
Is it because they don't have a proper HR and don't understand how these things are done?
ACAS would have more information on the way to go about this.

But overall if its a toxic environment , you'd be better off leaving as soon as you could.

Frankly what the fuck else do they expect you to do - you have zero options legally except for screwing over your current employer, so they actively want you to do that. I don’t like the sound of the new employer much? Have you signed a contract? If not, you shouldn’t have resigned. If you have, you probably just have to call in ‘sick’ at old job to start new job, and take a day off first week or two of new job to turn up at old job. I would only do that with new job knowing that’s what you’re doing, it’s too big a mental strain to deceive both. (Obviously old job will know you’re screwing them, sounds like they deserve it) How long is the overlap?

Ah. Do NOT hand in your notice before you’ve signed a contract. ever. Ever. EVER.

Firmly reiterate you have no legal potin to start earlier, and can start x date, you’re very much looking forward to it. And add but if old job change their mind and let you go earlier you are happy to re-sign a contract with an earlier start date.

@TripleTruffle- you’re ignoring the many questions on whether they asked about the motive period during interview?

Yes, they were aware, I loosely mentioned that I could look to use any accrued leave but wasn't sure of my balance at the time. This also changed during the recruitment process as I had to take more leave for my children.

If you want the new job, sign your contract and tell them you will be starting in two months time. Then resign. Once you have done that try negotiate a month or 6 weeks or how ever long you need for a comprehend over. Then tell the new company you can start sooner if they want you to.

or keep looking for a new job

You can actually leave with no notice. The risk is you leave yourself open to being sued for doing so. But in order to do so, your employer would face the costs to take you to court and would need to prove a signifigant impact to the business resulting in a cost to them in order to be successful. Usually companies don't bother unless you are in a very Senior role.

https://www.acas.org.uk/final-pay-when-someone-leaves-a-job/if-someone-leaves-without-working-their-notice

Legal and Financial Risks

• Damages Claim: Employers can sue you in civil court for extra costs caused by your sudden departure (like hiring an expensive temp).
• Replacement Costs: Courts rarely award damages unless you are a senior or specialized employee whose absence causes direct, provable financial loss.
• Withholding Pay: Employers can legally refuse to pay you for the unworked notice period.
• Protected Wages: Under the Employment Rights Act 1996, they cannot withhold pay for hours you already worked or accrued holiday.

Red flag from the new employer. No respect for a contractually agreed clause. Your current employer/ HR is being reasonable. The new one is not

Just leave and start the new job. What are your old work going to actually do about it? They can’t drag you in by your hair to work. They can shout and sabre rattle a bit but essentially do fuck all. People leave without working their full contractual notice all the time knowing that unless the company can establish a genuine provable loss over and above the notice period there is really nothing they can do, and even then it’s often not worth the hassle of claiming. And if they tell your new work you didn’t work your full notice, so what, your new work know this anyway.

Well there is, there are also statutory notice periods set out in law

Doesn’t make much difference even if you do sign a contract tbh they can just terminate that by serving the contractual notice

My employer would and has sued people for breach of notice. But we have 3/6/12 month notice periods that are industry standard, and the 6/12 month periods are usually spent on garden leave and are designed to force a paid period out of the market before joining a new employer. I can’t see someone would enforce a 2 month notice period so harshly.

But I would see this as a massive red flag for the new job and it’d make me think twice about joining. The fact they can’t bridge 2 months (they were surely expecting at least one month anyway, any maybe im skewed because 3 months is the norm in my industry) feels like it’s a chaotic workplace.