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?

Just say no. If they want you, they will wait

They would probably only give a factual reference anyway

tell new employer you can negotiate but you need offer in writing and a contract

If it was me, and I was certain about the new job, I'd discuss the latest start with the new employer and then tell the old employer 'that will be my last day'. They can't force you to keep working. Theoretically the old employer could sue you for breach of contract but it is perhaps unlikely.

Just say you will be leaving on X date and go

You'd be walked out with your stuff on the day in a lot of places if the situation were reversed.

They cant physically drag u to work,just leave when you need to,what is there to lose? They've got to pay you,or don't say anything and go off sick with stress caused by your boss

You signed a contract with your current employer. you don’t get to decide whether it’s appropriate or not. They have every right to enforce it. Don’t listen to these people telling you to stick it to them.

They may do nothing other than put a line in every reference they write for you which says “no comments other than the person left without working their contractual notice”.

Every future employer knows what that means

Internal Recruiter here 🙋🏽‍♀️

I have never ever pressured a new employee to shorten their notice period to start earlier with us.

If the employee comes back to us to advise they can start earlier, of course we’ll happily accommodate and move their start date up. But we would always work to their notice periods that they’ve told us through the interview process.

The fact that this new company is only telling you this after they’ve made the offer, despite knowing your notice period before this, is a little bit of a red flag for me.

You technically don’t have to give your formal notice. But it is considered a breach of contract if your employer insists on it. They can take you to court. It’s rare unless you’re in a senior role, so may not happen, but it’s a risk you’d take. And if they don’t take you to court they can still allude to it in a reference. Which may be fine for the new employer as they know you’d be cutting short your notice period if you started when they wanted you to. But future employers may not be as forgiving.

The only experience I have with a new employer pressuring for a quick start period was a big red flag.
Did your new employer always know your notice period during the interview process?

If it's 2 months in the contract that's the lawful notice period.

This is nonsense. The employment tribunal would look to s.86 Employment Rights Act 1996 which sets out the minimum notice periods. How often you are paid has nothing to do with it.

You're leaving why should you care?

3 months is normal for anything but junior positions

I’ve been working for 30 years (as of next month) and I’ve never had a notice period longer than a month. I’ve worked in public sector and private sector, and everything from grad roles to head of dept. I think I’ve probably had around 14(?) roles in total.

Yes, this was the advice from the trade union and ACAS today.

They probably won't but could sue.

They felt it could be more open with current employer negotiations and they actually had quite a few options but obviously not.

Work a month and take one month unpaid leave? If they won’t agree you are a bit stuck.

It’s not a hugely long notice period, new employer is not being reasonable IMO.

They arent going to recruit any quicker than you working your notice period is. They just 'want' u in sooner and are putting pressure on. Its another toxic workplace!

My private sector contract quite simply says ‘if you leave without giving notice your pay and benefits will cease with immediate effect’

Well yes I’d imagine so 😂

OP tell them where to stick it and start your new job. I work in a job where we have set deadlines so 2 month’s delay may make it impossible for you to complete the work.