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Change jobs without notice period.

Ok, so my situation is that I'm currently employed with a large UK company just ticking over with a modest steady income. I have worked there almost 1 year (will be by Sept). The job is not really something I enjoy or have any passion for. It was just 'available' at the time I was looking last year.

I've been offered a job by another large company in a Sales capacity. It is an industry I've worked in before and thrived in. It is part of leisure industry and consequently it is highly seasonal. It pays far better than my current job (not sales).

My contract of employment with my current job states that I need to provide 1 month's notice. I'm looking to see how things would be for me if I wasn't to honour that notice period and simply leave. As I mentioned, the main reason for leaving so sharp is to not miss out on the 'bumper' seasonal period of selling. There's a lot of commission to be made. The new position has a steady basic and is NOT commission only. I worked in that industry once before for 4 years.

Comments

  • DomRavioli
    DomRavioli Posts: 3,136 Forumite
    1,000 Posts Combo Breaker
    Your contract states one month notice, so that is usually what you have to give - why did you not read it before you accepted another job, and speak to your manager/HR to clarify??

    Perhaps speak to your manager at your current role and/or HR to see if they could amend this, but it will likely be at their discretion - I'm sure someone who is a little more versed in employment contract law/HR will be able to advise more.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Do you have any outstanding holiday entitlement? Many employers will allow you to take holiday as part of your notice, which could reduce the notice worked significantly.

    Alternatively, go and speak to your manager/HR and ask to be released from your contract without working your notice. Some employers will agree to this rather than having a disaffected and potentially poorly performing employee on the books.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Raffers
    Raffers Posts: 131 Forumite
    Part of the Furniture Combo Breaker
    I did read it. I have always known about the notice period. I'm under no illusion about the right and proper timescale. The point of my thread was to ascertain what consequences I might expect from leaving with no or little notice (to capitalise on a better earnings window of opportunity).

    Having read on here and elsewhere, I wondered how employer references work. Can companies give you a 'bad' reference?

    I have 5 w/days (i.e. 1 week) holiday entitlement left to take also, so perhaps I could incorporate that into when I leave.

    Wondered if companies sometimes allow staff to leave sooner than the official notice period, particularly when the position you had was not a senior role.
  • Your probably aware but if anything were to go wrong in your new job, you'll have no way of going back : (

    Whats happens to this new position after high season has been?
    Do you know that the industry is still the same as 4 years ago?

    I'm just interested I was able to leave a temp job same day as giving notice (I appreciate a month of service slightly different to nearer a year!) to join a company who is currently in their quiet peak (have to hope) thanks to the weather, despite being given all the illusion it was going to be 'phones ringing of the hook, you have to join asap' it is actually now quite annoying ! not heard anymore about the commission scheme once through the door either, don't know if immediately leave of last job was worth it, if you get me
  • Raffers wrote: »
    I did read it. I have always known about the notice period. I'm under no illusion about the right and proper timescale. The point of my thread was to ascertain what consequences I might expect from leaving with no or little notice (to capitalise on a better earnings window of opportunity).

    Having read on here and elsewhere, I wondered how employer references work. Can companies give you a 'bad' reference?

    I have 5 w/days (i.e. 1 week) holiday entitlement left to take also, so perhaps I could incorporate that into when I leave.

    Wondered if companies sometimes allow staff to leave sooner than the official notice period, particularly when the position you had was not a senior role.
    Sometimes companies do allow staff to leave and you won't find out until you ask.

    Yes they can give you a bad reference as long as its factually correct so if say you left early they would be entitled to put something along the lines of

    X worked from XX/XX/XX until XX/XX/XX but failed to fulfill their notice period upon leaving XXXXXXXXXX. We would not hire this person again.

    Also, if the company wanted to dismiss you would you expect them to honour the notice period?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • hcb42
    hcb42 Posts: 5,962 Forumite
    there was an example on here where someone did this and their employer sued them for breach of contract.

    Unlikely, but possible.
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    hcb42 wrote: »
    there was an example on here where someone did this and their employer sued them for breach of contract.

    Unlikely, but possible.

    Yes - they could seek payment of the difference between what they would have paid you and what they have to pay for a replacement (eg pay to an agency) for the length of your notice period not worked.
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