3 month notice period

ELOUISE

Hi All

I am looking for some advice on notice periods.

I have been offered a new job however they are unwilling to wait three months, which is the amount of notice i am contracted to give.

Therefore I want to hand my notice in tomorrow and give 6 weeks.

I understand i will forfeit any accrued holiday but what is the worse case scenario?

I know potentially my employer could sue for breach of contract but I think this unlikely.

Can my employer though refuse to give me a reference? Could they deduct 6 weeks pay from my final salary as I will not work my notice period? I am unsure of the repercussions of handing my notice in early so I would be grateful for any advice anyone can give thank you.

LittleVoice

ELOUISE wrote: »

Hi All

I am looking for some advice on notice periods.

I have been offered a new job however they are unwilling to wait three months, which is the amount of notice i am contracted to give.

Therefore I want to hand my notice in tomorrow and give 6 weeks.

I understand i will forfeit any accrued holiday but what is the worse case scenario?

I know potentially my employer could sue for breach of contract but I think this unlikely.

Can my employer though refuse to give me a reference? Could they deduct 6 weeks pay from my final salary as I will not work my notice period? I am unsure of the repercussions of handing my notice in early so I would be grateful for any advice anyone can give thank you.

Sounds as though the offer you have may be conditional upon receipt of satisfactory references. It would be brave of you to hand in your notice (of whatever length) when you do not have an unconditional offer. I would not recommend it.

Any employer can refuse to give a reference (except for a limited number of special employment situations). They don't even have to say whether a person has been employed by them.

If you give 6 weeks notice to terminate your employment, when you should give 12, and do finish then, as you say they could pursue you for breach of contract. However, if you worked those 6 weeks you would be due to be paid for them. You would also be due to receive pay for any holiday accrued but not taken at the time you ended your employment.

Probably better to wait for the potential employer to confirm the offer and then try to negotiate a leaving date with your current employer.

ELOUISE

Thank you littlevoice for taking the time to answer.

hcb42

3 months notice is generally expected for more senior positions.

Is the new position at a similar level, if so , it is a little unreasonable to not wait....

However, you could use what holidays you can to reduce it, if they will accept that,t hat is.

ELOUISE

Hi the hcb42 at the company I work for everyone has to 3 months notice regardless of position. Other companies with roles at the level I am at, would only expect about a months notice as as you say I am not a senior manager or anything. This is why the company I am going to finds it bizarre that I need to give 3 months.

Savvy_Sue

Does your current company generally hold everyone to 3 months notice? In other words, think of others who have left since you joined: did they work 3 months' notice, or were they gone sooner than that?

ELOUISE

Hi Savvy Sue, the person who was on this role before me also wanted to leave earlier but was not allowed to so he ended up doing 3 months but the company he went to reluctantly waited for him. I'm am not sure what happens in other departments but since I have been working here only one person has left and she served the full 3 months and had no job to go to once she left.

getmore4less

How easy are to replace or have other people cover?
(they can only recover costs over what they would hve paid you anyway)

Do you do a job where there could be other losses?
(often more difficult to quantify and justify)

You need to consider the risk if breaking the contract what they could try to recover.


Also as has been said you need to remind the potential employer you can't even resign till they give you an unconditional offer.

If they want someone quickly they need to be looking at unemployed(don't say this)

JoJox

Hi Zara,

Hav u got a contract at home? If so, look at that it might tell u ur rights to have many days till u can leave etc....? x

Jarndyce

JoJox wrote: »

Hi Zara,

Hav u got a contract at home? If so, look at that it might tell u ur rights to have many days till u can leave etc....? x

Can I suggest you read the thread title and the opening post? That might give a clue as to what the contract says.

InsideInsurance

Absolute worse case is that they don't accept your reduced notice period and so when you don't turn up then you are noted as being absent without leave and sacked for gross misconduct. They then also pursue you though the courts for breach of contract and the losses they sustain by having to either pay overtime to others or by having to get a temp in at above market rates etc plus any lossed business because of the time it takes to do this and/ or because of others not having your skill set.

You end up with a sacked for gross misconduct and a CCJ.

Your new employers do a late reference on you and find out you were sacked from your last place for gross misconduct and so terminate your employment giving you the minimum notice as required whilst under probation.

You then have to find a job with a two sackings from your last two jobs.

If you want worst case, then thats it. Reality is probably a lot less severe but that isnt what you asked