Given wrong notice period, what can I do?

CaptainPie

Hi all,

I have accepted a new job, and gave my 1 months notice only to be informed I had a 3 month notice period.

The blame is on me because I didn’t check first but I will lose the new position if I have to work through the 3 months.

I have notified my current employers who will see if they want to waive the 3 months or not, however should they demand I work the whole notice and I refuse what is are the ramifications of doing so?

The new business is not a competitor. I have not notified them yet as I wanted to have an answer to the issue first.

I am based in the Uk, existing employment contract is a UK contract but the company is German. The new role is a UK contract for an American company.

Comms69

The ramifications are most likely to be a bad reference, withholding accrued holiday pay / outstanding pay.


Your only option then is to take it to court where they may decide to claim their losses for the breach of contract.

marlot

This question come up here regularly - if you do a search you'll find lots of answers...

SensibleSarah

A colleague had a similar issue. She walked out after 6 weeks (of her 3 months notice) after being treated very poorly and they took her to court. V unusual for it to go that far though - this employer was particularly vindictive. Most employers will send a threatening letter at most or withold outstanding pay etc.
I managed to negotiate my way down from a 4-month notice to 2 months - by agreeing to have certain work projects done and dusted before I left. Totally down to your employer though as to the line they take.

TELLIT01

marlot wrote: »

This question come up here regularly - if you do a search you'll find lots of answers...

And the reality is that there is no one answer. It is entirely at the discretion of the employer whether or not they are willing to shorten the notice period.