Handing in Notice and Notice Period

PierremontQuaker03

Hi,
I have just had the good news of being offered a new job today - I have to get out of my place as my boss (the Finance Director) is absolutely awful to work for - the rest of the team I really like, but I need to go.  I can give you loads of examples about how unhinged she is, but I wont go there! My contract says I have to give three months notice, however my new employer wants me to start as soon as possible.  I am thinking 6/7 weeks as a notice period.  The previous finance director left a couple of years ago with only 2 months notice (he was on a 6 month notice) - but granted he transferred somewhere else within the business - and we were left 10 months without a Finance Director. As a mere financial controller, and due to the stress she has caused me lately, I am wanting out asap.
Any advice on what to do, the FD is away next week, so I will take great pleasure of handing my notice into HR on Monday.
I will of course make sure everything is up to date before I go and all of the work instructions are complete for a smooth transition.

TheMilkmansDad

if your contract says 3 months notice, then you ask them if it up for negotiation when you hand in your notice. It's up to their discretion whether they do or not. And that would probably involve discussions with your line manager, so best to get it done ASAP rather than waiting.
Assume you new employer is aware of your 3 month notice period, so they are aware they may have to wait 3 months for you to start?

Nebulous2

It's a negotiation, and it will need to be agreed. 

It didn't work for me, and I'm still aggrieved, ten years later. 

We moved to a 3 month notice period for senior staff, but they never held anyone to it. 

I got a new job two years later, phoned to tell my boss, and said I was hoping to negotiate around 6 weeks. She listened and said she would discuss it with the directors. 

Two hours later I got a phonecall, saying they wanted me to do my full 3 months. 

TELLIT01

You can request a shorter notice period, but the employer doesn't have to agree.  If you role involvesa lot that has to be passed on to others, and your expertise is required for that, they may not agree.  However, if the workload can be handled comfortably by another employee they may be more amenable to a shorter period.

Until you speak to HR you won't know.

I was in a position where my potential new employer wanted me to start in 4 weeks but my existing employer refused to shorten my 6 weeks notice.  Thankfully the new employer was willing to wait.  Unfortunately it meant I missed out on the annual bonus with the new employer by less than a week.  I needed to be employed for the full bonus qualifying year, and missed it because of the old employer.  

MyRealNameToo

PierremontQuaker03 said:

Hi,
I have just had the good news of being offered a new job today - I have to get out of my place as my boss (the Finance Director) is absolutely awful to work for - the rest of the team I really like, but I need to go.  I can give you loads of examples about how unhinged she is, but I wont go there! My contract says I have to give three months notice, however my new employer wants me to start as soon as possible.  I am thinking 6/7 weeks as a notice period.  The previous finance director left a couple of years ago with only 2 months notice (he was on a 6 month notice) - but granted he transferred somewhere else within the business - and we were left 10 months without a Finance Director. As a mere financial controller, and due to the stress she has caused me lately, I am wanting out asap.
Any advice on what to do, the FD is away next week, so I will take great pleasure of handing my notice into HR on Monday.
I will of course make sure everything is up to date before I go and all of the work instructions are complete for a smooth transition.

You need to have a conversation with your boss so hide the glee and swallow the pride. 

Many companies have internal policies on notice periods for transferring staff about and its often a negotiation between the current manager and the new manager to be. It's irrelevant so forget about it. 

Hand in your notice to HR on Monday is fine, you can say you are keen on exiting at the earliest opportunity but its highly unlikely that HR will say anything other than you have a 3 month notice and you will have to speak to your boss on their return. 

Better is hand your notice into the boss today/tomorrow before they go and you can start the conversation now and not add 2 weeks waiting for their return from holiday. In the conversation focus on how you can make your exit easier, who can you hand stuff over to, how can they easily cope with out you... doesnt matter what your new employer would like its all about how little problem it would be for your current employer. 

20122013

Slightly off the topic, have you signed the new contract? is the offer legally binding?  

flaneurs_lobster

TheMilkmansDad said:

Assume you new employer is aware of your 3 month notice period, so they are aware they may have to wait 3 months for you to start?

This is the important bit, you have to be sure that your new employer is aware that you could be held to your maximum notice period, preferably have it included in the formal job offer letter (which of course you will have before doing anything about handing in notice).

PierremontQuaker03

20122013 said:

Slightly off the topic, have you signed the new contract? is the offer legally binding?  

No not yet, I should have it at some point in the next couple of days - I know I  cannot do anything until that is sorted.

PierremontQuaker03

I also wanted to frame it, its in the best interest of both parties - given that our relationship has broken down - that I leave as soon as possible,

monkey-fingers

PierremontQuaker03 said:

I also wanted to frame it, its in the best interest of both parties - given that our relationship has broken down - that I leave as soon as possible,

The points above still stand. Contractually and legally, you have to work 3 months notice.

If your FD wants to be nasty about it, they could force you to work the 3 months.

Undervalued

monkey-fingers said:

PierremontQuaker03 said:

I also wanted to frame it, its in the best interest of both parties - given that our relationship has broken down - that I leave as soon as possible,

The points above still stand. Contractually and legally, you have to work 3 months notice.

If your FD wants to be nasty about it, they could force you to work the 3 months.

Well the can't literally force! They can however sue the OP for any quantifiable losses they suffer as a direct result of the OP walking out. Like any legal claim they would be expected to have taken reasonable steps to mitigate their losses. They could also say in any reference that the OP failed to honour his contract.

More likely they would withhold any unpaid salary (for time actually worked) plus any owed holiday pay. They have no legal right to do that but would effectively be saying "You sue us and we will sue you"!