Implications of not working full notice

Clarieloo

I have been offered a new, better paid job that I would very much like to take. The problem is I have a 12 week notice period in my current job. I am bored out of my mind at work and sometime in the New Year I know there is going to be an announcement which will involve a big shake-up of jobs (which I don't expect will impact me immediately but may affect some of my colleagues straight away). I would like to ask if I can work just 4 weeks notice (which I feel is reasonable). If my current employer says no, what would happen if I just left to start my new job? Can I do this?

MrsManda

If you don't work your notice and just walk out you will be in breach of contract. Your employer could use the county court to claim for loss of revenue/the financial cost of hiring someone else to replace you.
But how likely this is really depends on who you work for.

You won't be entitled to notice pay but you should get the salary you earned and paid for any holiday accurred but not taken.

Breach of contract by an employee

If you breach your contract, your employer should try to settle the matter with you informally. If your employer suffers a financial loss because of your breach, they could make a complaint for damages against you.
Your employer would normally use a county court for a breach of contract claim. The only way your employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that you have made.
Damages are only awarded for financial loss. For example, if you don't give enough notice your employer could claim for damages from the extra cost of hiring temporary staff to do your work, or for lost revenue. You would still have the right to wages you earned before you left, plus pay for untaken statutory holiday.
The most common breaches of contract by an employee are when you quit without giving (or working) proper notice, or when you go to work for a competitor when your contract doesn't allow it.

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027521

p00hsticks

Just remember that your potential new employer may be asking your old employer for a reference..

BackOnTrack

If it's the difference between getting a job you think you will be happier in then I would say try and negotiate a 4 week notice period and if they refuse then just give them 4 weeks anyway. References these days aren't often any more than stating you worked for the company between two dates, and at least two of my former employers refuse to comment on the performance of ex employees in their roles.

I find it very unlikely they would take you to court and I have never met anyone taken to court for not working their full notice, there is also every possibility they will let you have a 4 week notice period if asked.

gingercordial

Just wanted to offer some sympathy - I am currently working out my 12 weeks' notice, and I am bored as well! Only a month left to go.

You can ask to leave earlier, but they can say no. I personally wouldn't walk out earlier if they didn't agree to it, because it would look bad/unprofessional to my new employer (who would find out either by reference from the old employer, or just by asking you how you'd suddenly managed to get an earlier start date), and seeing as there are probationary periods I would want to avoid making any kind of bad impression!

If you have any holiday accrued, you could try to have that as the last part of your notice period, so could get out a week or two earlier because of that. At my last job, I actually managed to get out a whole month early because I had so much holiday accrued.

But do ask - if they are thinking of getting rid of people, they might be grateful for someone offering to go early, and who knows but it might "save" one of your colleagues from the chop for a little bit, at least.