Can I start a new job if I resign from my current employer?

manwithoutaplan

I have found a new job in my home town (I currently have to commute 2 hours round trip at my current employer)

I have only been employed for 6 months with my current employer and thought I was still under probationary terms of giving 1 weeks notice.
It turns out the probationary period is implicitly over after three months (was given no notice of this)

I do not wish to work a full months notice, if I resign / terminate my employment can I start my new job? (I understand they can pursue me for costs incurred etc for not working my full notice period)

Many thanks

mum2one

What is the date you start you new job? is there a way you can give 2 weeks notice, have you any holidays owing,

I would explain the situation and say that the 2hr commute has become a problem and its not the job its you, (your new employer may well go to this employer for a reference).
x

manwithoutaplan

I have tried to explain the situation, the start date for the new job is Monday 13th, I gave my notice on the 1st.

mum2one

Yove given nearly 2 weeks notice, it might be worth looking at ACAS websites abd see whether your notice period can be overridden, it use to be 1 weeks notice for each yr completed, but times changed,

Funky_Bold_Ribena

Have you got a contract that says you have a notice period of more than 1 week? If not, then the standard 1week applies.

manwithoutaplan

I thought I was still under a probationary contract but it appears I'm no longer under probation so a month would apply - I understand they can claim "damages" for the notice not worked, but can I start my new role if I inform my current employer of my intentions (that I've finished)?

DCFC79

Has the current employer responded to your resignation ?

ValHaller

manwithoutaplan wrote: »

I thought I was still under a probationary contract but it appears I'm no longer under probation so a month would apply - I understand they can claim "damages" for the notice not worked, but can I start my new role if I inform my current employer of my intentions (that I've finished)?

It sounds like they can make anything up and you will accept it.

Were you given anything at the start of your employment which defined what notice you must give and how long the probationary period would be and how long the notice period would be after the probationary period was up?

Funky_Bold_Ribena

manwithoutaplan wrote: »

I thought I was still under a probationary contract but it appears I'm no longer under probation so a month would apply - I understand they can claim "damages" for the notice not worked, but can I start my new role if I inform my current employer of my intentions (that I've finished)?

No - if you haven't been given a contract that specifically states that your notice is anything other than a week, then a week it is.

Just tell them the above.

manwithoutaplan

On closer inspection of my contract after three months of service I'm no longer "on probation" (been there six months) and the notice period is now one month, I understand that they can claim damages for not completing my notice period but can I resign and start a new position legally?

mcfisco

They may hold up your P45 etc. for a couple of weeks but they're unlikely to do much more than beat their gums about it.