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?

But that 1/2/3 months paid notice period can make the world of difference when you suddenly find yourself jobless.

Don't want this to be a big drip feed but I'm an Account Executive (non-senior) for a larger manufacturer. Handover in a month is possible and reasonable but its why generally dropping and running would be a huge no.

Look if you died today both companies would put an ad out for your replacement

So wait until you have signed a contract with your new employer and simply tell your current employer you can’t work your full notice period.

They can’t force you to do it -

And would the new employer be happy to wait a month or are they expecting you earlier?

Of course they should, they are businesses that need to recruit. I don't think it equates to not giving a shit. Does the company not replacing someone and their bereaved colleagues picking up the workload means they care more?

@Username19893847477374

its not ops problem they are a toxic workplace to start with so
imo she owes them zero loyalty!!

I dont kniw why people are saying your current employer will definitely not sue. Itbis not rhat difficult or expensive and if rhey have to use agency workers it is very easy to provide evidence.
Also they will put that you haven't given proper notice on any reference they supply now or in the future.
Is the application through an agency who are chomping at the bit for their commission?

lots of scaremongering here

Major red flags from this prospective employer. I know you're desperate but in your shoes I would keep looking.

Oh completely agree. But that's not because they'd replace her if she died tomorrow. They are toxic anyway. Every job needs to recruit a replacement!

It’s entirely normal to have a notice period to serve . It’s quite often 6 months . To me there seem to be as many red flags about the new employer as the old if they were not expecting to factor in a notice period

This. My exact fear for the OP.

I was public sector HR. Teacher tried to leave for a job in NHS. I enforced the contract by contacting NHS and demanding they did not support her in this breach.

Bloody hell. Why? I understand teachers is a bit different because you have very strict dates to align with end of term, but I always favour a more compassionate approach. I've never seen an employer bother. If people want to leave, let them. More damaging to the business to have them inside, going on long term sick leave, or causing other issues problems for everyone.

Surely the NHS told you to go swivel?

And actually, I wouldn't see that enforcing the contract. Taking her to court for the breach, contacting her new employer is really out of order. Did you work in HR a long time ago?

Just tell current employer you're going. In theory they could sue but what would their losses be? 2 months of you not doing the job. That's maybe 2 months of having to pay a replacement minus the money they would have had to pay you anyway. Anything else?

I don't like the sound of the new company if they knew about your notice period but have now told you they cannot wait the full period. I'd point out to them that they were aware, and ask what has changed.
But that aside (ie if you still think the new company are trustworthy and want to work with them) I'd just leave your old employer early.

Same here. I would not have high expectations of that employer....

Also unless op has, which she doesn't by the sound of it, contract, she may not even end up in that job while losing the ptevious one. I would not give notice until I have contract in hand

I changed our company notice periods to 2 months after a key employee put in a special request for three weeks leave (granted as she had the leave available, and had worked for us for over 5 years). She was a part time 2.5 day a week worker.

She then gave her notice a week before going on the holiday, while I was out of the office. She basically had 1.5 days left in the office to handover to me as there was no chance to get a replacement😖.She was our accountant, and I didn't have the skills to understand much of the detail what she was handing over.

I asked if she was prepared to come back to hand over for a day, she said no.

So no proper handover, no care, nothing. She was the only employee in that role, and I had to find an (expensive) temp to tide us over until I found a replacement. I had to pay the Temp to work through the accounts to check them, as I was worried at this point she had been defrauding us in some way (she hadn't)

That said with 2 months notice I would let people go early if they asked - All I was trying to do was stop the above situation happening again!.

Sounds like an operational chaos problem rather than a notice period issue

wonder why she was so keen to use leave for 3 weeks of her notice

I would be concerned about starting a role with a company that is ok with pressuring me to start sooner than I am able to. And expect me to mess my current employer around in the process

Well you've already got another job. Take unpaid leavde?

There are none, it looks like a frying pan fire situation- your new employer sounds as toxic as your old one.

This does not look good either way. At least if you stay until you find a job which accepts your period of notice, or you have built up more leave, then you have employment protection, assuming you have been there two years or more.

This is very strange. A two month notice period isn’t particularly long. And are they going to find someone else in that time? Will they withdraw your offer?