working notice period and new job

sonyara31

Hi
I handed in my resignation two weeks ago due to personal reasons which means that I cannot go back into my workplace.
I need to rebuild my life and need another job quickly as I'm alone and need to find somewhere to live. I can't physically go into my old workplace but how do I not work my notice, would they let me do that work from home? I can't work a 3 month notice, I might be able to have an interview next week but the new company want me to start in 4 weeks time
I'm not sure what to do or how to cope with everything
any advice please

Undervalued

sonyara31 wrote: »

Hi
I handed in my resignation two weeks ago due to personal reasons which means that I cannot go back into my workplace.
I need to rebuild my life and need another job quickly as I'm alone and need to find somewhere to live. I can't physically go into my old workplace but how do I not work my notice, would they let me do that work from home? I can't work a 3 month notice, I might be able to have an interview next week but the new company want me to start in 4 weeks time
I'm not sure what to do or how to cope with everything
any advice please

Well, unless your employer is willing to reach a compromise you are in breach of contract by failing to work your notice. Obviously if you refuse they won't pay you and, if they suffer any unavoidable losses as a result, they could make a claim against you. Realistically that is fairly unlikely but it would depend on the company's attitude and the circumstances.

They have no legal right to withhold accrued holiday pay or money for work you have done but that doesn't mean they won't. These situations can degenerate into a game of "you sue us and we will sue you".

They may agree to let you work from home but they don't have to.

All you can do is negotiate but you are not in a strong position if the employer doesn't want to play ball.

DKLS

All you can do is try and negotiate your way out of the 3 month notice period, but as Undervalued said your position isn't strong. Not that may make a difference if you can't physically enter the building you may already be breaching the contract unless you have agreed to work from home.

Op does that mean your on gardening leave or is there another issue that means you can't go back. I think you need to provide more info OP in order for others to a advise effectively.

BK123

As above poster says, mainly about negotiation, but personally I'd say it should be ok. If you can't physically go into your old workplace, whilst readily admitting I'm no expert, I would be shocked if they asked you to come in and work your notice, especially if you've explained that you have another job which you need to keep hold of as it could put you into all sorts of trouble if you don't.

Going off personal experience, I worked with someone who did something similar and the employer had no qualms about it (not from what I know anyway). That may have been different to yourself though as she was PT and the terms of her contract may have been different to yours.

sonyara31

Thank you to everyone for your advice
I'm only part time and I've worked over 45 hours of unpaid overtime last year alone , the circumstances in work mean I cannot physically go back in there , the work I need to do I can do from home
I'm hoping the manager will negotiate as they have been approachable and he is a kind person .
Never had to deal with anuthing like this before and I wouldn't wish it on anyone

TELLIT01

I'm guessing that you feel you can't go back to work because of the pressures / stress put on you being with certain people there. If you can work from home the problem clearly isn't the work itself.
There would seem to be little benefit to the company to enforce the 3 month notice period if you can't work anyway. As others have said though, that is a decision entirely for your company to make.

Undervalued

sonyara31 wrote: »

Thank you to everyone for your advice
I'm only part time and I've worked over 45 hours of unpaid overtime last year alone , the circumstances in work mean I cannot physically go back in there , the work I need to do I can do from home
I'm hoping the manager will negotiate as they have been approachable and he is a kind person .
Never had to deal with anuthing like this before and I wouldn't wish it on anyone

But is that the employer's fault? If it is then you are in a much stronger position. However if it is, say, a complex personal matter overlapping with the workplace then it is another matter.