Notice Period

mizelle

My o/h has been with his current employer for 5 years.

He has been offered a new job and they've asked him if he could start on Monday but have stated that he can start the following Monday if he needs to give notice.

His contract of employment states that he must give one month notice.

So either way, whether he gives 2 days notice, or a week+2 days notice, he's still not fulfilling his contract.

The atmosphere at his current job is bad, and he'd like to get out ASAP.

Would you recommend that he gives the week's notice, or just the few days.. based on the fact that he's breaching his contract either way.

Thanks for any advice.

Wyndham

Does he need a reference from his current employer? Either now, or in the future? If so, they would mention the breach of contract. Is the new job signed, sealed and delivered - if not, then he shouldn't even think about resigning yet.

Your worse case scenario in terms of action is that the employer may pursue him for the costs of hiring someone to fill his post for the full notice period. Most really wouldn't bother.

mizelle

Thanks. They can't withhold pay for hours already worked can they?

*Scarlett

The employer is required to pay for any hours already worked. There may be clauses in the contract that would void any possible bonus payments if the proper notice period is not worked.

Does he have any accrued holidays that could be taken into account?

If he leaves without working the proper notice he will be in breach of contract and any reference from this employer will reflect this if it has not been agreed beforehand. He could also be pursued for the cost of replacing him in the workplace ( however this would probably be a rare occurance).

I assume he is definitely leaving the current job so I would suggest discussing with the current employer - HR or manager. They might agree to a 1 week notice period - you never know! If not, he may as well just leave with the 2 days notice.

You might find some more info here

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Resigningorretiring/index.htm

mizelle

Thanks.

He has 10 days holidays left for the remainder of the year.. so probably only half of that since we're only at September. He knows he might lose entitlement to the pay from that.

We talked it over and think it's best if he tells the boss that the new job wants him on Monday but that he would rather wait an extra week so as not to leave his current boss in a pickle. That makes him look like he's considering the position of the current employer, even though he's not prepared to work the month.

Hopefully the current employer will be able to work with that, and not make things difficult.

I appreciate the advice.