12 weeks notice

TheKeymeister

I've recently been offered a new job and signed all the papers and got a start date through. Now I have resigned and had the resignation accepted I've found out my contract says 12 weeks notice (unheard of in this industry other than for senior roles) and not the 4 I thought it was, I've only been there just over a year. I've spoken to the new employer and they wouldn't be able to wait that long for me to come and would have to withdraw the offer.

I've spoken to the senior manager who didn't want to let me go early as it will take a while to get someone new in. They do however have someone new starting very soon, who replaces a colleague who left a few months ago whose workload was just absorbed into the team. My own current workload is very low as I've just completed numerous projects, so I could quite easily hand over what's left to the new starter.

I have spoken to my line manager about my intentions to only do 4 weeks, and he doesn't see it as a big problem, but has no influence over the senior managers. I'm a bit stuck with it - I know it won't cause them a problem with me leaving after 4 weeks, and I need to leave then to get the new job.

I have spoken to the new company and asked them how important getting a reference is and they said not at all. I don't really want to get myself sacked for doing something stupid to get out of it, what should my next step be, sending in a letter to HR stating my intention to work only 4 weeks notice?

If I just stopped turning up after a month, I don't think they could demonstrate much of a loss, they wouldn't lose out on any contracts because of me leaving, and I doubt they would be able to get a temporary replacement through an agency even if they wanted to, which wouldn't be required for the small amount of work I'd be leaving for the new starter anyway. I do have restrictive covenants regarding not working for a direct competitor but I'm not doing that so I'm not worried.

By the way, I've learnt my lesson from this, I will read the small print in a lot more detail in future!

Undervalued

Is there a question?

Otherwise yes I agree you should read and understand any contract you agree to then abide by it!

TheKeymeister

I was really looking for advice on what to do next, should I write back to HR saying I'm working a month and no more, just stop going after a month and hope for the best, or is the only way out to get myself dismissed. I'd be interested to hear from anyone else that has successfully got out of a similar situation also.

I understand I've dropped the ball with this one, I'm just trying to find a way out of it all.

Undervalued

TheKeymeister wrote: »

I was really looking for advice on what to do next, should I write back to HR saying I'm working a month and no more, just stop going after a month and hope for the best, or is the only way out to get myself dismissed. I'd be interested to hear from anyone else that has successfully got out of a similar situation also.

I understand I've dropped the ball with this one, I'm just trying to find a way out of it all.

Well if you are determined to breach your contract then write to them giving notice that you will be leaving in one month. That at least gives them an opportunity to mitigate any losses (which they would be expected to do if they were to claim against you). Equally they may simply accept which lets you off the hook.

TBagpuss

If you leave early you are breaching the contract so they would be entitled to pursue a claim against you for any loss or cost they incur as a result - that might include things such as the cost of employing a temp or locum during the extra 8 weeks, less the wages they save by not paying you.
In practice, it is unlikely that they would chose to pursue it, as they'd have to prove the actual losses.

AS above, notify them ASAP as that way they can plan and mitigate any losses

TheKeymeister

Thanks both for the advice. I will draft a letter and send it direct to HR notifying them of my intent and hopefully we can come to an amicable agreement. Hopefully this will be possible as I reached a brick wall when trying to do this via the senior manager over the phone.

getmore4less

get all the handover done in 3 weeks so you can sit around doing nothing for a week and say you are happy to go or stay for another 8 weeks doing nothing.