New Job/notice period Dilema, what would you do?

candytwinkle

Hi
Im in need of advise on the best way to deal with this.....
I have a new job, its working for the same company as my husband.We sold our second car as we will be travelling together.

I handed my notice in to my current employer 3 weeks ago and I have 1 week left until I offically leave. 4 days ago I asked my manager if I could leave a week early (this Saturday) due to my new job and lack of transport. He was very nice but refused saying he needed me to stay for my total notice period. I have only worked for the company for 5 months! he really doesnt want me to leave but my new employer is expecting me to start on Monday.
My husband says i should just call in sick and start my new job on Monday and my work colleague agrees.
Where do I stand??

Evilm

You stand that your current/old employer could come after you for any extra costs incurred for that last week (eg. agency costs less your salary for the week). They do however have to pay you for what you have worked (less any authorised deductions such as holiday taken but not accrued, training allowances, anything else in your contract) and any untaken but accrued holiday. We have seen it happen once on here and I heard the employer won but I don't know which thread that was or the exact situation.

Chances of it happening are low. However it could effect references in the future if they remember it when asked for one (or if they haven't done the reference for the new company yet).

marybelle01

Calling in sick for a week qualifies you for SSP. Which goes down in HMRC records. As does the starting date of your new job. So your sickpay would constitute fraud from the goverenment if you claim to be sick and also working at the same time.

If you are going to walk, just do it and take the risk, don't compound it by lying to people who are a lot more likely than your employer to be unsympathetic.

Savvy_Sue

You might have got a more sympathetic response from your manager if you'd asked up front if you could leave after 3 weeks rather than 4. You could also have worked out whether you had any leave owing to you, and asked if you could have that included in your notice period.

Waiting until you've got 2 weeks to go and asking if you can make it just 1 is unhelpful, and doesn't give your old company much time to make plans for when you've gone.

So I'd say you need to phone the new employer and apologise that there's been a misunderstanding over your leave date at the old company, and you need to stay an extra week. Grovel, if necessary.

Then you need to find a way of getting to your respective jobs. If that means taxis, that's what you do.

candytwinkle

I really dont want to stay. They wont get a temp in, they managed for 2 months between them before I started (they sacked the last person). I told my manager at the end of my 3 month trial period that I had plans to move in the near future and asked him to extend my probationary period, he said no but he would take a weeks notice if I wanted to leave. Now hes asking me to work it all.

Savvy_Sue

candytwinkle wrote: »

I really dont want to stay. They wont get a temp in, they managed for 2 months between them before I started (they sacked the last person). I told my manager at the end of my 3 month trial period that I had plans to move in the near future and asked him to extend my probationary period, he said no but he would take a weeks notice if I wanted to leave. Now hes asking me to work it all.

But again, the time to raise this would have been when you first gave notice, not half-way through the notice period.

Well, you know what they might do. You know what the new company might do if they get an unfavourable reference - have they taken up refs yet?

Your other option is to be sufficiently incompetent / bad tempered / unsmiling next week that your manager decides you can go at the end of the week after all. However, you have to stay on the right line of serious misconduct unless you KNOW that the reference has been issued, ie you have a completely unconditional offer from the new company.

Your call ... and just because they didn't get a temp in before you started doesn't mean they wouldn't do so this time, does it?

Whatever you do has risks.

candytwinkle

My manager has known for a while I intended to leave, I told him 2 weeks before I gave written notice. I also asked if I could leave ASAP, he said no I need you to work your notice. I took any holiday owed over Easter as I wanted to be with my son in the school holidays.

Im not worried about a reference, the new job is in the bag. I intend to stay in my new job for as long as possible. I also have excellent references from previous employers.

They are unlikely to go down the legal route, they have a couple of legal cases going at the moment for other issues.

Its because I care that I have an issue with just walking. I want to leave on good terms. I've had a lot of trouble sleeping because of this, so Ive decided to try talking to him again today. Ill tell him im not coming in next week and that im leaving tomorrow (same as I told him on Tuesday) this time im not going to back down.
Wish me luck

RoxRoxBling

Good Luck.

I was in an exact similar situation. Here's what I did. Left, without working the final two weeks of my notice period. I did, however, call in sick. In my justification, (long story here's the short version) I was too sick to work at one job but not too sick to work at the other. The previous employer did pay me so no problems with that!

DCFC79

Let us know what happened OP

RedSoleShoes

If you called in sick, to claim SSP, you would have to complete a form, so if you don't complete the form then nothing will be going on HMRC records. Either your current employer would pay you company sick pay or not pay you at all.

You gave them notice and they are clearly being awkward by not letting you go earlier. As with most companies, it highly unlikely that you not being there for one week is going to cause them anything other than a bit of extra work for someone else. The same would happen if you were genuinely sick anyway.

Personally I would call in sick but only if I knew this would not come back on me (ie. being seen out, reference issue etc). So it is your call really.

saterkey

personally i like to finish complete something properly else ill always feel guilty about it, tell your new post that unfortunately you have to work the full notice and do it, your new employer im sure will look more favourably as thats what you would do for them in the future. you dont jeopardise relations, you can get your old job sorted and help them find a replacement etc. you might even get a box of chocs and card and a cheery goodbye much better than slinking off on the sick dont you think.