Gave 60 days notice, boss said to leave before Christmas

user67340348

I gave my 60 days notice today but asked if it can just be 30 days notice so that I can start my new job in early Jan.

My CEO said that's fine and has basically said for me to leave mid-december just before the Christmas shutdown.

So is basically trying to avoid having to pay me over the Christmas break.

Am I right in thinking this is illegal? I can't afford to lose out on 2 weeks pay

elsien

Unless you both agree on finishing early, then they should still pay you your full leave entitlement. 

Could the conversation have been interpreted that you were amenable to the early job finish, or did you discuss garden leave?
either way, put it in writing that your 30 day notice still stands.

user67340348

elsien said:

Unless you both agree on finishing early, then they should still pay you your full leave entitlement. 

Could the conversation have been interpreted that you were amenable to the early job finish, or did you discuss garden leave?

Thanks, I realise I made a typo in my post... please see amended post

TELLIT01

elsien said:

Unless you both agree on finishing early, then they should still pay you your full leave entitlement. 

Could the conversation have been interpreted that you were amenable to the early job finish, or did you discuss garden leave?
either way, put it in writing that your 30 day notice still stands.

To me this looks like the OP wanting to have their cake and eat it.  They want to cut the notice period, but only on their terms.  What would they have done if the employer had insisted on the full 2 month notice period?

bluelad1927

I'm sure you're CEO will be happy to pay the Christmas period while you work your contracted 60 days notice

Exodi

I think you have it wrong, it's very common for employers to tell people on their notice to leave early (but then pay them their full notice period).

A worker is unlikely to be productive in their final weeks (especially on the lead up to Christmas), or that they could negatively impact the company by being there (if they don't want to be). Plus the business shuts down for Christmas anyway.

I don't want to say for certain, so would urge you to clarify with the employer, but I'm pretty confident they probably intend to pay you for the 2 week period and this is just a nice gesture you've misinterpreted.

One thing I wouldn't do is bowl into the conversation with scepticism and chip on your shoulder as I interpreted it completely different to you (and they accepted a reduced notice... in your position I would have been worshiping the ground they walk on - but I assume the 30 day notice is paid, as is common).

MorningcoffeeIV

user19860331 said:

.

My CEO said that's fine and has basically said for me to leave mid-december just before the Christmas shutdown.

So is basically trying to avoid having to pay me over the Christmas break.

There's a lot of 'basically' going on here.


What did he actually say to you and what will he actually be paying you?

elsien

Now that the OP has amended their first post, I am actually with the have cake and eat it brigade, 
You want to mutually agree a shorter notice period but only if it suits you. Which makes you run the risk of your employer insisting on the full 60 days if they want to be awkward.

Undervalued

user19860331 said:

I gave my 60 days notice today but asked if it can just be 30 days notice so that I can start my new job in early Jan.

My CEO said that's fine and has basically said for me to leave mid-december just before the Christmas shutdown.

So is basically trying to avoid having to pay me over the Christmas break.

Am I right in thinking this is illegal? I can't afford to lose out on 2 weeks pay

Not necessarily but the devil is in the detail.

If your contract obliges you to give 60 days notice but you want a reduction on that, the terms are a matter for negotiation. The employer has offered these terms and if they are not to you liking then your only options are to either try and negotiate better terms or to work and get paid for the full 60 days.

Another consideration is how long have you been employed and how much notice would the employer have to give you if they wanted you to leave? There is no legal requirement for the notice periods to be equal. If you have been employed for less than two years the employer can dismiss you, for any or no reason, just by giving you your contractual notice period (or just a week's notice if no longer contractual notice period has been agreed).   

Grumpy_chap

user19860331 said:

I gave my 60 days notice today but asked if it can just be 30 days notice so that I can start my new job in early Jan.

My CEO said that's fine and has basically said for me to leave mid-december just before the Christmas shutdown.

So is basically trying to avoid having to pay me over the Christmas break.

Am I right in thinking this is illegal? I can't afford to lose out on 2 weeks pay

Can I check here that you are contractually obliged to give 60 days notice?
From today, 7th December, that would take you to Monday 12th February.  For practical purposes that would probably be agreed as Friday 9th February.

You requested agreement to relax the contractual obligation to give 30 days notice, leaving Saturday 6th January (for practical purposes Friday 5th).
You presumably want to start at the new job on Monday 8th January - I doubt the new employer would want a new start on the partial week with the "return to school" atmosphere as the team gat back to full speed and clear any backlog.  So your 30-days notice fits quite well with the new employer.
Your CEO agreed to a relaxation against the contractual obligation, but suggested to end the employment on Friday 22nd December.  That seems very reasonable for the current employer as they have no benefit to pay anyone for loads of non-working days.

Your choice is to either agree with the current employer that you will leave 22nd December.
OR not agree the relaxation to the contract and leave 12th February (thus meaning not available to start the new job when you wish, assuming the new job will still be available in mid-February).
OR try to negotiate again with the current employer.  I can't see what would be in it for them to do this.

It is legal for the current employer to agree a flex against the contract position, but not the same flex as you requested.  You either need to reach an agreement or apply the contract in full.

With regard to the pay, will you have any holiday pay owing at 22nd December?  If that is paid in lieu, then you mitigate some of the period when you will be between jobs and unpaid.

pinkshoes

user19860331 said:

I gave my 60 days notice today but asked if it can just be 30 days notice so that I can start my new job in early Jan.

My CEO said that's fine and has basically said for me to leave mid-december just before the Christmas shutdown.

So is basically trying to avoid having to pay me over the Christmas break.

Am I right in thinking this is illegal? I can't afford to lose out on 2 weeks pay

It's not illegal. It's just negotiation. 

You now have two options; your 60 day notice period, or finishing before the Christmas break. 

If you're not happy with their offer to finish earlier, then just stick to the original 60 days notice. If you've got any holiday they might let you take it.