Leaving beyond contractual notice period

Jarvish_2

bevanuk wrote: »

He won't do that. Lazy sod wants to be paid by his company but doesn't want to work. Make sure you don't post any specifics on here, I'll happily call the new company and let them know how work shy you are.

Work shy?! I could bore you with details of the decades I have worked for the same company, details of the blood, sweat and tears I have given the company, the millions of pounds of sales I have generated for the company etc etc, but I won't.

Please get more info before making sweeping generalisations - I'll let you off on this occasion because I'm a friendly newbie

zzzLazyDaisy

OP, you have stated that you wish to give 5 weeks notice and have then asked for help in finding a way to be paid for the five weeks without doing any more work for our employer, on the grounds that you lack motivation to carry on doing the job you are paid to do. So you shouldn't be surprised if people draw their own conclusions from this.

And being a 'friendly newbie' won't win you many brownie points from the stalwarts on this forum who freely give their time and expertise, only to be seemingly faced with someone who just wants advice on getting paid without actually doing any work.

Jarvish_2

Ok - I'm sorry!!! I was just after some advice around contractual notice periods - obviously some of the additional information I have put has rubbed some of you up the wrong way and has been interpreted as (and after reading it again I can understand) like some lazy chav who wants the world laid on a plate for me. I can put my hand on my heart and assure you all this honestly isn't the case!

Thank you everyone who has read/posted on this thread - I honestly do appreciate it

Apologies again.

MrSnuggles

Just to let you know, if you call in sick for the rest of the week, you will require a doctor's letter to prove you were ill beyond the ability to work.

You can still get sacked even after you've handed in your notice. If I'm your employer and you didn't turn up to work for 3 days or more, that's you out even if you handed in your notice. Also, if your performance isn't up to standard you can get sacked as well.

Notice to leave isn't a ticket to not working. You still have to turn up and work. Or it's no pay, no good reference, and if your current employer knows your soon-to-be employer, s/he can discreetly phone up informing them how bad a employee you are and they'll find a way to remove your offer. They can keep moving the start date forward for example to inconvenience you to the point you can't accept it anymore.

Pricivius

Whether your employer will accept you giving a longer notice period will be in your contract - some contracts confirm that the company does not have to accept more than the contractual minimum. This makes sense for companies such as yours which use garden leave - I could give 6 months' notice but I can't see them paying me to prune my begonias for 6 months!

Check your contract.

bevanuk

Okay, then can you explain why you won't hand your notice in now and then take a week off between your jobs?

Or just go to work for a week then hand it in?

getmore4less

Is this job unconditional, references taken etc?

MrSnuggles

getmore4less wrote: »

Is this job unconditional, references taken etc?

Even if it's unconditional there's nothing stopping the current employer from contacting them to say don't employer this guy. And what happens if you get sacked in your next job? You'll probably want to revert back to this company for a reference.

Evilm

getmore4less wrote: »

How can they do that if you give longer notice?

That would be a dismisal and potentialy unfare counter notice.

The employer doesn't have to hold you to any notice if they don't want to! The notice (you) both sides are expected to give is 4 weeks. If the employer decides on gardening leave they don't have to give you whatever limit you want and they can limit it to what they would have to give if they sacked you - 4 weeks. (Greyed out items due to anamenottakens comment below - thank you for pointing that out but it doesn't change the entitlement for OP)

Otherwise you could hand in your notice for 3 months time even though they only require a month, say you are going to a competitor and they'd have to pay you 3 months gardening leave if they didn't want to leave someone who is probably 'compromised' in a sales role! That's unfair on the employer!

Now in this case its only a week but that doesn't make it any more fair on the employer being expected to pay them another week.

DCFC79

bevanuk wrote: »

Okay, then can you explain why you won't hand your notice in now and then take a week off between your jobs?

Or just go to work for a week then hand it in?

OP why dont you do this ^^,