Notice Period Help!

PantherFan

Hi,

I work for a company but have managed to secure another job.

On accepting the offer I stupidly wrote to the new employers telling them I would start on the 26 of this month expecting them to confirm this in writing with a contract (which would have given me enough time to hand complete my 4 weeks notice with my current employer).

However I had nothing in writing from the new employer (for 10 days) so I held off handing in my notice. I've rang the new employer twice to ask but they say starting any later than the start date will cause a problem.

Now I can't give enough notice (4 weeks as required in my contract) to give my current employer. I've read around and some websites say my employer can sue me for damages due to a breach of contract!

I should say I still have 5 days holiday and 4 lieu days remaining.

Help please!

Uncertain

PantherFan wrote: »

Now I can't give enough notice (4 weeks as required in my contract) to give my current employer. I've read around and some websites say my employer can sue me for damages due to a breach of contract!

I should say I still have 5 days holiday and 4 lieu days remaining.

Help please!

There is a very slight risk of being sued if you fail to honour your contract.

One or two regular posters on this forum seem to love wildly overstating this risk at every opportunity. However there is a risk and only you can assess if it one you are prepared to take.

Generally, most employers are sensible enough to know that holding somebody to a contract when they really don't want to be there is pretty stupid and can be counter productive. I would suggest having a chat with your current employer and see what they say. They may be very happy to let you go early but if they forced this on you they would have to pay your salary.

Legally they could refuse to let you take the holiday and opt to pay you for it after you leave but this is not all that common.

Generally a compromise can be reached.

PantherFan

Thanks very much for the quick reply. You have put my mind at ease

I know that my current employer is very, very hard up for money (has shed 200+ jobs in the last few years) and I don't think they would consider suing me (I'm not that well paid anyway).

Having said that if I do leave they will have no choice but to replace me (immediately).

SarEl

Uncertain wrote: »

One or two regular posters on this forum seem to love wildly overstating this risk at every opportunity. However there is a risk and only you can assess if it one you are prepared to take.

Really? Nobody overstates this. It can happen, it does happen - and one poster here who is/was a part-time cleaner (so not some highflying executive) is currently being sued for it (albeit I don't expect the employer will win - but I am not being held to that since I also said that I though the risk was low!). We always say it is rare, but we always point out it is a risk. Whether the risk is "wildly overstated" depends on whether it happens to be you who gets sued. I wonder whether our poster who is stuck in the middle of the case right now consdiers that pointing this possibility is "over-stating it" - whether or not she wins, I doubt she has found the experience much fun.

Uncertain

SarEl wrote: »

Really? Nobody overstates this..........

.......We always say it is rare, but we always point out it is a risk.

No, YOU always say it is rare and rightly so. I wasn't getting at you but one poster in particular loves to over egg this issue.

I stand by my post which I feel clearly points out the SLIGHT risk and keeps it in proportion.

InsideInsurance

It is unusual for companies to actually sue but not unheard of. It is more common for companies to instead put you through a disciplinary process for gross misconduct as you are absent without leave and ultimately sack you. This may be of no concern to you at all as you're already happily working in the new company and references done/ not going to be done and you never need further contact with your former employer ever again.

On the flip side, your new employer may not actually have gotten references yet or things may not work out at your new employer for what ever reason and your next employer decides they want a reference from the prior employer too at which point they receive notice that you were sacked for gross misconduct.

Ultimately it is all a case of balancing risk -v- reward.

Margey

I have never heard of a company sueing you for breaching a contract. If you are going to leave anyway, why don't you explain the situation to your boss and see what they say.

Honesty is the best policy and if it means pointing out what happened, and the fire you, you potentially only had a few weeks left.

G51shopaholic

give them as much notice as you can. If thats 2 weeks so be it

SarEl

G51shopaholic wrote: »

give them as much notice as you can. If thats 2 weeks so be it

And equally if they say that isn't acceptable and do something about it - so be it too! Remember that apart from the fact that there are options open to the current employer, you must be careful who you step on on the way up the ladder because you may meet them again on the way down. In other words - you might need this employer again! What if the new job doesn't work out and they get rid, and you need a reference? Or a way back in? Or want to work for them again in the future? Or the manager you !!!! off happens to be the one interviewing you in seven years time?

This situation is not the current employers making - they haven't actually been asked the question yet, but it was the new employer who messed about and so if the OP can't make some arrangements and must serve their notice, whose fault is that? Their "inconvenience" at the OP starting later was caused by themselves!

Margey

SarEl wrote: »

Remember that apart from the fact that there are options open to the current employer, you must be careful who you step on on the way up the ladder because you may meet them again on the way down. In other words - you might need this employer again! What if the new job doesn't work out and they get rid, and you need a reference? Or a way back in?

This is a brilliant response. I had never looked at employers like that before, but you are right. You end up shooting yourself in the foot if you do meet them again.

t0rt0ise

With your holiday days and your lieu days you'll have plenty of time for four weeks notice. Just give them your leaving date and then say that due to holiday etc your actual last day will be x.