Work leave notice

[twain]

Im currently on the hunt for a change of job. My current employment contract states i need to give 3 months notice.
if the job i am applying for asks me to start sooner than my 3months notice is up, what rights do i have/what action can i take if i my current employer finds this a problem?

not sure on my rights, but i would think my current employer cant stop me from starting my next job?

just need an idea of what difficulties may arise and ultimately what my rights are in this sort of situation should it get ugly!

any help/guidance/advice appreciated

the joy of changing jobs!

 

[Anthony]

They could sue you for damages for breach of contract, but the question is would they bother. Most employers just accept the fait accompli. Always best though to keep things on good terms, keep them well informed of what is happening and offer to do your utmost to make a handover to a new person as smooth as possible, as you don't want to leave them in the lurch as a result of leaving early.

But the bottom line is that they can't stop you, but they could sue you if they wanted to. It's unlikely, but you wouldn't have much of a defence if they did.

 

[daugs]

you have a contract with your employer and would be in breach of that contract if you did not give the required notice, your current employer theoretically could take action against you for damages as a result of the breach, but also could refer to the matter in subsequent references etc. You may still need a reference from them in future not just for this new job but maybe again in the future.

most new employers will understand that you have an employment contract with your current employer and need to give notice, what does it say about you if you are prepared to break the contract, would they want to employ someone who does not respect employment contracts, how could the new lot trust you to respect theirs.

If you went to a competitor then depending on the contract then you could end up on "gardening leave" and be paid not to work for new lot but to stay at home being paid by old lot.

At the end of the day the notice period is designed to protect both parties, and you accept the benefit but lose the flexibility. In my experience most people respect them but that may depend on industry, level etc. Sometimes you can agree to leave earlier but this is normally after the job offer is secure and you say you are leaving and so no guarantees.

 

[legrandefromage]

You may get gardening leave as I did, 3 months pay to sit on your ass.

 

[drcarlos]

In my old job I had to give 3 months notice, tire dot negotiate it down and they wouldn't have any of it saying I was too valuable to the program and they needed me to work my notice, I checked out the rules and as people have said you can walk away but you leave yourself open to legal action, so I gave in and said OK. Agreed dates to leave and start the new job and the area of the program I was working on got put on indefinite hold. They then asked me if I wanted to leave early and I said no as all dates had been agreed and got gardening leave for 2.5 months. I had a cracking summer and started the new job straight after my holiday refreshed.

New place were cool about the 3 months, they interviewed me knowing I had that period in my contract and I said I would try and get it down.

I was even offered my old job back 3 months ago at an increased rate but declined it, so I must have done something right.

Carl.

 

[xxnick1975]

also think about any unpaid salary, bonus, accrued holiday, even expenses

if you walk before time, with these things unresolves, then you might struggle to sort them after the fact

 

[daugs]

also think about any unpaid salary, bonus, accrued holiday, even expenses

if you walk before time, with these things unresolves, then you might struggle to sort them after the fact

anything that's owed should be paid and will be in the contract, so salary, holiday days etc, but bonus is frequently for the financial year and have to be there to be paid so you will probably lose this, often its discretionary anyway,

one thought, if you want any holiday then best to get it agreed and signed off before you resign

how they behave will rather depend on whether big or small company and plc or private, if public sector then probably strict rules and less likely to mess you about

 

[xxnick1975]

He's talking about breaching his employment contract

 

[daugs]

He's talking about breaching his employment contract

yes, they would need to apply "equitable offset" to damages but would still need to show that damages exceeded monies owed; all a bit hypothetical really, since general advice seems to be that no need

 

[longun]

if you dont mind losing any entitlments.........leave whenever you like, i did