Leaving job before notice period ends

dazedandconfused123

Hi all,

I’ve recently resigned and my employment contract states that I have a 3 month notice period. I initially asked my employer if I could cut this down to 6 weeks and he declined. I then asked him if I could leave 2 weeks early (i.e. complete a 2.5 month notice period), which he also declined. He stated that he can’t let me leave until he finds someone to cover my role. However, there is so little work for me to do that I am currently working on a project for another member of the department. My position is also not managerial. I do not get get on with my fellow team members. My boss is aware of this, as we have had several conversations over the last year which have ended with me breaking down in tears about the situation.

I have accepted another role, which I am keen to start ASAP and my new employer also wants me to join the team soon. My question is, what’s the worst case scenario if I choose to leave before my notice period is up? I understand that I would be breaking my employment contract and could be sued, however, as I’m not a manager this could be unlikely.

I should also point out that my current employer has already provided a reference to my new employer.

Finally, I have already spoken to HR and they have said that any reduction in my notice period would have to be signed off by my boss.

Any friendly advice would be greatly appreciated.

[Deleted User]

That's a decision that only you can make.

Yes there is the possibility that they could pursue you for breach of contract, and its neither here nor there whether you are in a managerial position is not, you would still be breaching.

None of us can predict what the employer might do.

You have two choices, stick it out or say your leaving with immediate affect and see what they do.

TELLIT01

Worst case scenario is that your existing employer sues you for breach of contract. Maybe unlikely, but if they are playing hardball about you leaving a couple of weeks early it's not beyond the bounds of possibility.
Your safest course of action is to advise your new employer that you have asked to be released early from your contract, but that your current employer has decline.

[Deleted User]

dazedandconfused123 wrote: »

I should also point out that my current employer has already provided a reference to my new employer.

Finally, I have already spoken to HR and they have said that any reduction in my notice period would have to be signed off by my boss.

Have you mentioned the word grievance around old employer.

Please don't think I'm being unfriendly - you may be ok for a reference for now but it's when new job doesn't work out and it's the next employment you may have reference problems with. You can never underestimate it.
That said I left a job before notice period came to an end and 5 years on I found myself asking them for a reference so a lot of time had to pass for water had to go under the bridge first.

jonnygee2

I understand that I would be breaking my employment contract and could be sued, however, as I’m not a manager this could be unlikely.

If you already understand that risk then there's not much more advice to give. It's up to you whether you take it.

There's nothing wrong with taking a calculated risk, so long as you accept the consequences if it goes sour. You could get sued, the risk is small, but possible. They will certainly never employ you again.

If the overall benefits of taking the new job early outweigh the, say, 10% risk of being sued for 2-3k (or whatever it is - have you worked out roughly what the cost would be?) + certainty of burned bridges / no reference in the future, then take the risk. I probably would, but I've never really been risk adverse.

Basically, understand the risk and the benefits then decide your appetite for it.

One thing to do - I would email them to say that you would like to remove any permission or consent to share any information about your employment with third parties or provide any employment references. This means that if, say, they were to choose to email an 'update' to the provided reference they would be in breach of GDPR. Not that this completely guarantees they will not do this anyway but might help.

Ja7188

Did you make your new employer aware of your 3 month notice period when (or before) you accepted the role?

dazedandconfused123

Yes, I have told my new employer that I have a 3 month notice period. They were disappointed that I couldn’t start earlier, but understood that’s circumstances.

Thanks for the advice everyone. I need to have a think about what to do next.

System

Worse case scenario: They take you to court for all the cost associated with you leaving, including the money it cost to cover your job until the notice period runs out, emergency marketing or temp fees etc.


Probable scenario: They moan, but it's not worth their time and effort over two weeks. You won't use them as a reference.

TELLIT01

The big risk by leaving early is that the new job doesn't work out and a reference is sought from your previous employer when you apply for another job. They could simply decline to provide that or, worse still, provide a reference stating that you walked out before the end of your notice period.