What can I do to leave earlier during notice period due to stress from my boss and start new job

Jablonska

Hi he sent an email stating that my leave will depend on the handover process. He states that if he is happy with it, he will decide where I can leave and will get paid up to that day. The problem is I don't know when. My notice doesn't finish til mid May but he says he may release me mid Apr, 20th April or even May.  As I asked before if I could leave on the 30th April he didn't say yes or no, instead came back with this.  I want tell my new employer when I can start as they want me ASAP but my current boss is playing a game which is aiming for me to leave without a pay for the period until I start my job 

Emmia

Work the 8 weeks and tell the company you're joining that date. The risk is your boss let's you leave earlier and you have a gap with no pay. 

Alternatively if you're willing to burn your bridges, just walk out of your current employer and join the new one - but that can create difficulties in the future, if people ask why you left. 

I walked out of a retail weekend job once, when they tried to tell me my notice period was 3 months not 1 month, which happened to coincide with the busy Christmas period. I pointed out my contract stated one month, and I already had 3 weeks of leave booked (they'd insisted on those 3 weeks too) so that the effect was that I had 1 shift remaining... I walked out at the end of the shift and never went back. 

At the time I had 2 jobs, so the job I walked out of vanished from my CV and there was apparently no gap in my employment history.

TELLIT01

Emmia said:

Work the 8 weeks and tell the company you're joining that date. The risk is your boss let's you leave earlier and you have a gap with no pay. 

If the OP has to, and does, give 8 weeks notice, and the employer decides to release them early, the OP would be entitled to payment for the full 8 weeks.  The employer can't legally say 'you leave today and get no more pay'.

Emmia

TELLIT01 said:

Emmia said:

Work the 8 weeks and tell the company you're joining that date. The risk is your boss let's you leave earlier and you have a gap with no pay. 

If the OP has to, and does, give 8 weeks notice, and the employer decides to release them early, the OP would be entitled to payment for the full 8 weeks.  The employer can't legally say 'you leave today and get no more pay'.

Indeed, but the boss is being difficult... so might try it on

prowla

You're working your notice period; treat it as a holiday where you have to drop in to work.

If there's handover required, then it is up to the company to manage it; the only consideration is that you have a hard stop at the end of the 8 weeks.

The company can ask you to stop working earlier but they still have to pay you; typically the mechanism is to put you on "gardening leave".

saajan_12

TELLIT01 said:

Emmia said:

Work the 8 weeks and tell the company you're joining that date. The risk is your boss let's you leave earlier and you have a gap with no pay. 

If the OP has to, and does, give 8 weeks notice, and the employer decides to release them early, the OP would be entitled to payment for the full 8 weeks.  The employer can't legally say 'you leave today and get no more pay'.

Sounds like the employer is suggesting a mutual agreement to end earlier with less notice IF employee really wants to leave early. So 


Option A: stick to contractual 8 week notice & 8 weeks pay
Option B: shorter leaving date & pay, tbc what date. 
---> poor deal if the OP values the continuous pay more than the chance of getting out early and can't start at the new place at the drop of a hat. 
Option C: shorter leaving date confirmed now
---> poor deal for employer as they don't know they'll get handover done by then
Option shorter leaving date + gardening
--> why would the employer want this, they actually want the work for the full time)

If you can't agree on a variation then just go back and say it's fine, you'll stick to the 8 weeks as agreed (option A)

sheramber

You can tell your new employer when you can start. You can start mid May.

You could go off sick until then if you get a fit note from your GP.

Do you have any holidays that that you have not taken, that you could use to shorten your notice period?

General_Grant

sheramber said:

You can tell your new employer when you can start. You can start mid May.

You could go off sick until then if you get a fit note from your GP.

Do you have any holidays that that you have not taken, that you could use to shorten your notice period?

As pointed out in a couple of posts on the first page of this thread, holidays aren't really relevant.  Added to that, the OP said they would have accrued just 3 days (and presumably this is "accrued but not taken").

Iamdebtfree

Jablonska said:

Hi he sent an email stating that my leave will depend on the handover process. He states that if he is happy with it, he will decide where I can leave and will get paid up to that day. The problem is I don't know when. My notice doesn't finish til mid May but he says he may release me mid Apr, 20th April or even May.  As I asked before if I could leave on the 30th April he didn't say yes or no, instead came back with this.  I want tell my new employer when I can start as they want me ASAP but my current boss is playing a game which is aiming for me to leave without a pay for the period until I start my job 

My goodness, I'm so sorry you're going through this. Been there, done that. Simple solution: get a sick note from tomorrow - from any gp in your surgery who's available for a 5 mins phone appointment - for as long as possible to start with, citing work/general stress and anxiety. Ask for four weeks, then get it extended for four more weeks. Once done, tell your new employer you can start in one/two/three/ four weeks time, depending on how much of a break you need! Your former employers are nothing to you and you owe them nothing. Handover? What handover? You're sick - they made you sick! Not your problem.  They can go bleep themselves, you've left. Think of yourself, your health and your future, not some a-e bully who is now well in your past!! Wishing you all the best!

lincroft1710

Iamdebtfree said:

Jablonska said:

Hi he sent an email stating that my leave will depend on the handover process. He states that if he is happy with it, he will decide where I can leave and will get paid up to that day. The problem is I don't know when. My notice doesn't finish til mid May but he says he may release me mid Apr, 20th April or even May.  As I asked before if I could leave on the 30th April he didn't say yes or no, instead came back with this.  I want tell my new employer when I can start as they want me ASAP but my current boss is playing a game which is aiming for me to leave without a pay for the period until I start my job 

My goodness, I'm so sorry you're going through this. Been there, done that. Simple solution: get a sick note from tomorrow - from any gp in your surgery who's available for a 5 mins phone appointment - for as long as possible to start with, citing work/general stress and anxiety. Ask for four weeks, then get it extended for four more weeks. Once done, tell your new employer you can start in one/two/three/ four weeks time, depending on how much of a break you need! Your former employers are nothing to you and you owe them nothing. Handover? What handover? You're sick - they made you sick! Not your problem.  They can go bleep themselves, you've left. Think of yourself, your health and your future, not some a-e bully who is now well in your past!! Wishing you all the best!

A problem with doing this could be pay. The employer sounds the type who would "forget" to pay any SSP due and may even miscalculate the OP's final pay