Notice period

Gtidave · 23 March 2018 at 12:44AM

I'm not sure if this is valid here or not but looking for a little advice.

A year ago I begun working for a company who promised a lot (non contractual promises) and they failed to deliver so gave it a year. Began to look elsewhere and someone snapped me up instantly. However they have the following notice terms 1 years service = 4 weeks over one year = 6 weeks.
I didn't realise but i handed my notice in 4 days past the 1 year mark. And theyre expecting me to work 6 weeks as a result. I was wondering if there was any way around this as my new employer needs me asap and this is an amazing oppourtunity which I don't want to pass up.
The atmosphere has turned a bit sour, not looking to burn bridges but also not looking to loose an oppourtunity. As the atmosphere has soured im becoming less inclined to be helpful.
1. Have I any grounds to leave at 4 weeks instead of 6 weeks
2. What is the worst that they could do... realistically.
3. Good practice says negotiate but there appears to be an air of stubbornness as their taking my departure personally.

Advice would be appreciated thanks in advance

Gtid

Carrot007 · 23 March 2018 at 12:52AM

1. I don't see why.

2. Sue you for quantifiable losses. Your wage's for the period for a start but possibly more.

3. It would look bad for 2. if you did not even try. Also that is not a question.

Gtidave · 23 March 2018 at 1:01AM

At no point was it reference as a question just asking for advice. But thanks for the input

Suing for quantifiable losses is all well and good but realistically there is no burden to the work load and no loss by my departure all my work is well managed and noted anybody could come in and pick up where I left off as I leave comprehensive trail of information and all is filed properly. The reason for trying to retain me is solely a as they see my departure as a personal attack when really it isn't

Masomnia · 23 March 2018 at 1:13AM

Worst case scenario they could in theory take you to court for additional costs incurred. It is usually the cost of getting a temp for the notice period minus your wages (because they didn't have to pay you); so the cost to them is the difference between the two.

So in practice it is rare for employers to pursue it as the cost is prohibitive, but that doesn't mean that they won't.

Best bet is to negotiate, agree to do a handover or whatever and see if you can bring the date forward.

[Deleted User] · 23 March 2018 at 1:59AM

Gtidave wrote: »

The reason for trying to retain me is solely a as they see my departure as a personal attack when really it isn't

Not always - sometimes they need to show other staff they can't do this. I remember in 2014 the HR manager saying this as I considering doing this when handing in my notice with no confirmation I'd passed probation (which upped notice period) except verbal

My advice
1 This is when surplus holiday which needs using could be a good thing?
2 If the contract allows you can lose holiday pay and of course a reference (appreciate less common issue but could be important to the industry you work in)
3 Do things by the book - It's not immediately tomorrow that'll effect you but if you ever have a regret, have to talk in a professional capacity to the outgoing company or they grow unbelievably to the point where they could have kept their promises etc, or in a few years time for another job you receive the employment confirmation letter and you recognise names...then yes it can be costly if you are staying within same work.

Wouldn't this be the best time to approach new employer and check out their reaction to your dilemma of 2 more weeks because you've some time behind you with outgoing employer - make sure you are not going to somewhere that will also un-fore fill it's promises/has blinkers?

Notice period

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