New job - Messed up start date. Where do I stand?

coconutcurls

I will try to be brief and clear.

Applied for this new job in April.

Attended 2 interviews and was selected.

I was told start date would be sometime in July or even August - that was to be agreed and discussed.

***Then hiring manager called me with a conditional offer with start date to be beginning of July but no date confirmed yet. I was told to wait for HR to get in touch and do the checks necessary. I was told to not give my resignation to current employer until date is confirmed. They knew my notice is 4 weeks.

HR took a long time to contact me. At the end of May I started communicating with HR and filling forms, my paperwork. etc. Conditional offer of job email sent to me by HR- and interview with HR. No start date mentioned.

HR sent references requests to referees.

One referee replied. The main referee was taking time to reply (busy and forgetful).

Then I received a call from hiring manager and I am told start date is XX July.
This didn't give a 4 week window resignation notice to my employer, only 3 weeks.
I explain that I have been waiting to know the official start date since forever so I can handle my resignation notice - at this point one reference, the main one -  is not even completed yet and I thought they need the references completed before offering me a final offer / contract.
Then I am told that the XX July date was mentioned to me on the *** previous call but maybe there was a misunderstanding.

I say I will try to get 3 weeks notice instead.

Following day I wrote a formal resignation to my current employer explaining that I am needed to start on XX of July and since we have been discussing my resignation since April (employer knew everything about it) could I have 3 weeks notice instead? Of course this was denied and employer accepted my resignation releasing me one week after XX of July.

Same day I contact the manager for the new job with the news and offer to come on XX of July only (for the induction with one other new hire) and start the job officially one week after. I include the letter response the current employer gave me, to show I tried.

Manager replied that they will talk to HR and see what they say.

Now I am in the dark and terrified.

I am pretty sure I did not have a set date to start and there was no mis-communication. It was all open in the air and it was making me a bit stressed to be honest as I wanted to be organised but knowing that there was still one reference to be completed made me think they couldn't give me a final offer yet. (this reference now is already done).

Also I refused other job offers because I was counting on this one - since I had a conditional offer and I knew my references would be good.

Main problem - if this job offer is withdrawn I will have no job in 4 weeks time and as I work in a school it will be tricky to get my referees to complete references for me during the summer holidays and even after - since I will not be there anymore. It will be so annoying for me and for them.

You know what is even worse? The school closes for holidays 2 weeks after I will leave...meaning I could have stayed until the end of the term if this didn't happen. 

I don't know what my question is really, but I guess I can't do nothing but wait until HR decides.

Should I contact HR and ask if they received the references and ask about the start date?
Should i wait for the manager to contact me?

BTW - I am shopping around for other jobs already.

AND

I was also told that two more vacancies were opened for this same position and they are taking new applications now because they want 4 people working on this position (right now they have me and another new hire starting on XX July) sure they could include me on the next cohort?

What do you think?

Brie

You could just tell your current employer tough - I won't be here as of X.  Or you could say, fine I'll work until you say to but that last week I need as holiday.

If neither of those work then go back to the new employer and ask to have a later date as there are other hires.  Maybe one of them is desperate to start early?

coconutcurls

Brie said:

You could just tell your current employer tough - I won't be here as of X.  Or you could say, fine I'll work until you say to but that last week I need as holiday.

If neither of those work then go back to the new employer and ask to have a later date as there are other hires.  Maybe one of them is desperate to start early? 

You could just tell your current employer tough - I won't be here as of X.  Or you could say, fine I'll work until you say to but that last week I need as holiday. 

This can't happen in schools. We have holidays when the school is closed and this is non negotiable.  

If neither of those work then go back to the new employer and ask to have a later date as there are other hires.  Maybe one of them is desperate to start early? 

This is what I did and I am waiting a reply. I can not go to current work on the XX of July only  - the day they want me to start -  for the induction day with new colleague - but will have to work the other 4 days at current job. 

Maskface

So what can the previous employer actually do if you leave a week earlier considering you already have another job? They can't exactly sack you and if they mention anything in a reference your new employer will already know there was confusion about the start date. Use accrued leave as your notice perhaps?

coconutcurls

Maskface said:

So what can the previous employer actually do if you leave a week earlier considering you already have another job? They can't exactly sack you and if they mention anything in a reference your new employer will already know there was confusion about the start date. Use accrued leave as your notice perhaps?

I don’t have accrued leave unfortunately. 

Apparently they could take me to court. I don’t think they would but I would rather not burn bridges, I’ve been there a long time. 

I feel the recruitment for thr new job was a bit messy. I hope they will take another start date in consideration. 

Undervalued

coconutcurls said:

Maskface said:

So what can the previous employer actually do if you leave a week earlier considering you already have another job? They can't exactly sack you and if they mention anything in a reference your new employer will already know there was confusion about the start date. Use accrued leave as your notice perhaps?

I don’t have accrued leave unfortunately. 

Apparently they could take me to court. I don’t think they would but I would rather not burn bridges, I’ve been there a long time. 

I feel the recruitment for thr new job was a bit messy. I hope they will take another start date in consideration. 

Correct.

If they suffer a quantifiable loss as a result of your breach of contract (for example having to hire more expensive temporary cover) they could sue to recover the cost. It is not that common but does sometimes happen. They could also potentially sue your new employer for encouraging you to break your contract. 

They could also mention the issue in any future reference, or indeed refuse to provide a reference.

Except in some regulated professions an employer can't be forced to provide a reference.

coconutcurls

Is it common to give a condional offer of employment without stating a start date?

Cab they then claim the start date was agreed verbally over the phone with no letter or email yo back it up?

More importantly can they withdraw the offer because I am working my notice? 

flossy_splodge

Would you actually still want to work for such a disorganised lot who, from what you've said, aren't taking responsibillity for their own part in your difficulty? Not sure I would.

Good luck anyway.

coconutcurls

flossy_splodge said:

Would you actually still want to work for such a disorganised lot who, from what you've said, aren't taking responsibillity for their own part in your difficulty? Not sure I would.

Good luck anyway.

It is a fixed term contract that will bring me a lot of training and growth. Because of the predicament stated on my OP - notice already given and potential difficulty in getting reference from mid July and the whole of August…the answer is yes. I’ve been through this process since April

Marcon

coconutcurls said:

I was also told that two more vacancies were opened for this same position and they are taking new applications now because they want 4 people working on this position (right now they have me and another new hire starting on XX July) sure they could include me on the next cohort?

What do you think?

I think you're working yourself into a tizzy about nothing. If your new employer wants you badly enough, they'll find a way to make it work, and if they have another cohort starting later, that's the obvious solution.

coconutcurls

Marcon said:

coconutcurls said:

I was also told that two more vacancies were opened for this same position and they are taking new applications now because they want 4 people working on this position (right now they have me and another new hire starting on XX July) sure they could include me on the next cohort?

What do you think?

I think you're working yourself into a tizzy about nothing. If your new employer wants you badly enough, they'll find a way to make it work, and if they have another cohort starting later, that's the obvious solution.

Hopefully you are right!