Handing in Notice and Notice Period

saajan_12

Step 1: Get the formal job offer with a start date of 3 months time, perhaps with the option of moving earlier
[You don't want to lose a negotiation with the current employer and then find they new place refuse to wait that long and can make alternative arrangements quicker.]

Step 2: Discuss with the current company, that you would like to mutually agree a termination in x weeks and will work hard to transfer knowledge in that time. Very SOFTLY indicate it would be better to have a dedicated team member for 6 weeks than a distracted one for 3 months. 

In that order. 

Tabieth

Well done on the new job. As others have said you are contractually obliged to work your three months notice. If you want to cut it short you need to negotiate and agree that with your line manager. I’d come up with a plan about how you'll handover and support the transition. If you make it as easy and seamless as possible for them then they are ore likely to agree. 

Obviously don’t hand in your notice until you have a written job offer! 

PierremontQuaker03

Thanks everyone, another thing she threatened to do this week is put me on a PIP performance  improvement plan - I know she wants me gone - so I want to frame the letter as well including this that she implying I am not performing so it makes perfect sense that I should leave sooner - but I want to do it in a way that does not sound nasty or petty - but I thought I could use this as a way of negotiating an earlier release.

Tabieth

PierremontQuaker03 said:

Thanks everyone, another thing she threatened to do this week is put me on a PIP performance  improvement plan - I know she wants me gone - so I want to frame the letter as well including this that she implying I am not performing so it makes perfect sense that I should leave sooner - but I want to do it in a way that does not sound nasty or petty - but I thought I could use this as a way of negotiating an earlier release.

I really wouldn’t. Even if you are 100% correct and in the right, you do risk coming across as nasty and petty. I’d speak with her first, sound her out, suggest a shorter notice period. If she does want you gone / think you’re not performing she’ll likely be very happy with that. You can then send a totally neutral and bland resignation letter saying “as verbally agreed I will work XXX weeks notice, my last day of employment will be xx/xx/xx”. 

MyRealNameToo

PierremontQuaker03 said:

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.

You can do whatever you want. There is a risk in resigning before signing the new contract but then there are risks in life in everything that we do. You may find when you get into the new job that it's a lot worse than the old job or they may decide you dont fit and get rid of you with the short notice in your probation. 

Undervalued said:

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"!

Normally it's more straightforward... you are AWOL and so are fired for gross misconduct. Any future reference has "fired for gross misconduct" listed as the reason for leaving. They won't generally go to the time and effort of explaining what the gross misconduct was etc. 

TELLIT01

Keep the resignation simple and don't bring in any grievance you may have with your manager.

"I am tendering my resignation today, (date) and understand there is a 3 month notice period.  If it is possible to reduce that period it would be appreciated".

Walking out would be a very bad idea.  Given the relationship with the manager it's not beyond the bounds of possibility that they could contact the new employer and say "Is xyz working for you?" If they reply that they are, a response of "Oh.  They still have x weeks to go on their notice period".   All factual and definitely not to the OPs advantage.

Uriziel

PierremontQuaker03 said:

Thanks everyone, another thing she threatened to do this week is put me on a PIP performance  improvement plan - I know she wants me gone - so I want to frame the letter as well including this that she implying I am not performing so it makes perfect sense that I should leave sooner - but I want to do it in a way that does not sound nasty or petty - but I thought I could use this as a way of negotiating an earlier release.

I would not do this but if you do want to say something I would say that your role has been causing you stress and that it impacts your private life and health. On this basis ask if you can cut your notice period short and explain that you will ensure the transition is smooth. If you are speaking to HR they will take this serious as companies do not want to be liable for any health problems. I can imagine HR agreeing to this though they may raise it with the FD though it will not only be up to him as it is HR's duty to prevent any lawsuits from happening so if you are lucky they will make it very clear to the FD that you should be allowed to leave sooner to keep the company safe. The FD being petty will not matter because HR has higher powers going up to the top to help them protect the business.

cheekyweegit

Congratulations on the new job.

Just a thought and surprised no-one has mentioned it, but do you have any holidays you can can use as part of your notice period which in turn will lessen the time you need to work?

TELLIT01

cheekyweegit said:

Congratulations on the new job.

Just a thought and surprised no-one has mentioned it, but do you have any holidays you can can use as part of your notice period which in turn will lessen the time you need to work?

The decision on when outstanding holiday can be taken is entirely for the employer to make.  A leaver can't demand to be allowed to take holiday, neither can they demand to be allowed to work the entire time and have holiday pay when they leave.