Notice Period Help!

Juddermann

I submitted my notice at work mid-January. My contractual notice is 3 months, ending at the end of a month, which would be the end of April.

A few days after handing in my official notice, my new employer asked me to see if I could negotiate an earlier end date. My current employer hasn't said no, but keeps kicking their decision down the road, either ignoring my written requests, or during meetings saying that subject to the status of my handover, they'll review closer to the time.

My new employer has now said that they need to me to start on a date closer to Easter. 

If my current employer had declined my request, I'd have been able to confirm end April. I'm frustrated at their lack of engagement, or interest in my handover and this seeming intransigence risks impacting my relationship with my future employer before I've started. 

I'm not sure I have grounds for a grievance,  but their lack of response or engagement on the matter means I'm tempted to just tell them I'm leaving early. I've tried to be professional, effect a timely and comprehensive handover, including documentation for things I do that no one else does.

Any advice? 

DullGreyGuy

You presumably told your new employer that you had a 3 month notice period and you served it to your current employer in a timely fashion?

In which case you tell your new employer that your current employer has declined to negotiate a shorter notice period and so you'll be joining them on the originally indicated date.

They knew when you'd be available from when they offered the job and wont blame you for your employer not willing to let you go early. As an new employer I would be much more worried about the morals of an employee thats just joined by walking out on their last contract... are they going to do the same to me etc?

Juddermann

DullGreyGuy said:

You presumably told your new employer that you had a 3 month notice period and you served it to your current employer in a timely fashion?

In which case you tell your new employer that your current employer has declined to negotiate a shorter notice period and so you'll be joining them on the originally indicated date.

They knew when you'd be available from when they offered the job and wont blame you for your employer not willing to let you go early. As an new employer I would be much more worried about the morals of an employee thats just joined by walking out on their last contract... are they going to do the same to me etc?

Entirely fair point - it's rather my current employer's lack of engagement - they haven't declined my request, they're simply not giving me an answer either way, having dragged it out without answer over 2 months.

Undervalued

Juddermann said:

I submitted my notice at work mid-January. My contractual notice is 3 months, ending at the end of a month, which would be the end of April.

A few days after handing in my official notice, my new employer asked me to see if I could negotiate an earlier end date. My current employer hasn't said no, but keeps kicking their decision down the road, either ignoring my written requests, or during meetings saying that subject to the status of my handover, they'll review closer to the time.

My new employer has now said that they need to me to start on a date closer to Easter. 

If my current employer had declined my request, I'd have been able to confirm end April. I'm frustrated at their lack of engagement, or interest in my handover and this seeming intransigence risks impacting my relationship with my future employer before I've started. 

I'm not sure I have grounds for a grievance,  but their lack of response or engagement on the matter means I'm tempted to just tell them I'm leaving early. I've tried to be professional, effect a timely and comprehensive handover, including documentation for things I do that no one else does.

Any advice? 

I don't think you have.

You have agreed to a contractual notice period and your current employer doesn't have to show any latitude on that if they don't want to.

They have said they may consider releasing you early but it is entirely up to them if the do or don't or how long they take to decide.

If you leave early without their agreement they could sue you for any quantifiable losses that causes them (which they have a duty to minimise as far as reasonably possible). Doesn't happen often but it can and does happen. They might also withhold some money from your final salary or untaken holiday and effectively say " you sue us and we will sue you"!

Juddermann

Thanks all - appreciate the head check

TELLIT01

If you submitted the required 3 months notice in the middle of January why won't you be able to leave until the end of April?

General_Grant

TELLIT01 said:

If you submitted the required 3 months notice in the middle of January why won't you be able to leave until the end of April?

They can't leave mid-month because the term of their contract requires employment to end at the end of a calendar month.  Even if they had handed their notice in on 2 January their contractual final day of employment would be 30 April.

(I worked under a contract of employment which worked on that basis so every leaver put in their notice on the last possible day of a calendar month.)

General_Grant

Juddermann said:

. . .   subject to the status of my handover, they'll review closer to the time. 

How is the handover going?  Are all matters up-to-date and procedure notes etc ready?  Is your successor identified?

HRDirector

Unless you are going to benefit from completing your notice - your current /  old employer cannot do anything if you leave early.  leaving at the end of the month is an unfair clause in their contract.  If I were you... I would leave after the 3 months unless you will lose out on a bonus.  Sounds like they are giving you the run around.  

Wonka_2

HRDirector said:

Unless you are going to benefit from completing your notice - your current /  old employer cannot do anything if you leave early.  leaving at the end of the month is an unfair clause in their contract.  If I were you... I would leave after the 3 months unless you will lose out on a bonus.  Sounds like they are giving you the run around.  

Interesting post from a new user and a username purporting to be qualified in this area

I'd take the advice with a pinch of salt - unless they happen to be your HR Director and they know more about what your contract says than anyone else.

On a more positive note have you any holidays you could take to allow the early release/early start or is there a clause in your contract that forbids that ?

General_Grant

Wonka_2 said:

HRDirector said:

Unless you are going to benefit from completing your notice - your current /  old employer cannot do anything if you leave early.  leaving at the end of the month is an unfair clause in their contract.  If I were you... I would leave after the 3 months unless you will lose out on a bonus.  Sounds like they are giving you the run around.  

Interesting post from a new user and a username purporting to be qualified in this area

I'd take the advice with a pinch of salt - unless they happen to be your HR Director and they know more about what your contract says than anyone else.

On a more positive note have you any holidays you could take to allow the early release/early start or is there a clause in your contract that forbids that ?

I'm not an HR Director but a past member of the CIPD.  
Leaving earlier than contractual period completion certainly does not mean the employer can take no action.
Requiring full months (ending on the last day of a month) is certainly not an unfair term.
(A kilogram of salt wouldn't be enough.)

Even if there was no contractual term to prevent taking holiday during a notice period, the employer can still prevent it, even where permission for the holiday had already been given as long as they give sufficient notice.  But it certainly could be a way of not actively working for the current employer.