Employer refused to waive notice period; repercussions of simply quitting?

Kentish_Dave wrote: »

I’d likely also make a phone call to the new employer to try to stop them taking someone on who was not to be trusted.

Where does it end? Ex employee then "trashes" the business (previous employer) over social media to try and prevent custom.

rebeaky wrote: »

I am aware they may try to seek legal recourse but what I am specifically interested in, is the repercussions for starting my new job. My references have already been supplied and will not change so I am not concerned about that, however, if I simply 'quit' my current job would they be able to contact my new employer and inform them of this? Can my job offer be withdrawn? (I have not signed a contract as yet).

Yes, the new employer can withdraw the job offer. (and if you had signed a contract, they could dismiss you)

Whether they *would* is a diferent question. I think most employers would see it as a red flag - if you do it to your old employer, what's to say you won't do the same to the new one?
As an employer, if I leanred this about a new employee it would certainly cause concerns - again, local knowledge makes a difference here - if your old employer has a reputation for treating staff badly then I would still not be overly impressed at your actions, but might be willing to still give you a chance. If not, it would depend on what my overall impressions of you were and how easy the role was to fill, whether I was still prepared to tak the risk. (I personally would not just pull the offer, I would aim to speak to you to find out whether waht I had heard was correct and what if any justofication you had, but it would be a red flag)


There would be nothing to stop the old employer contacting the new one, to revise their reference or to inform tham that you had walked out. Most emploers would not do this, but it may depend - for instance, if you are staying in a simialr locality and the same industry, people do know one another and do talk, so the information might get to your new employer even if the old employer isn't contacting them specifically to tell them.

I was considering contacting my new employer and trying to explain the situation delicately, would this be a good/bad idea?

Probably bad. Telling them that you are breaching your current employment contract and walking out on your employer isn't likely to look good.
The only exception would be if you think your curent mployers will definitely contact the new one, then it may make sense to give your explnation first.

For future job moves, bear in mind that just because a new employee would like you to start earlier, they will (if they are in any way reasonable) understand that you have committmnents under your exisiting contract, so saying "My notice period is 3 months so I would be available from September" is a perfectly reasonable response and if they want you, they will accommodate that.

If they refuse, or demand that you leave early, then think hard about whether you want to work for an organisation which has that attitude - it will probably spill over into how they behave to their employees, too.

If, for example, I was to work until the day before my new job was supposed to start and then just quit am I still technically employed by them and committing any fraud?

No. You would be in breach of contract, but it would only be fraud if you were (for instance) claiming to be too ill to work while working elsewhere.

Every interview I've attended, I've always been asked when I could start, in regards to required notice period at current job - was this not done?
Is the new job not able to wait until your current notice period is up? Do you have any holiday left to use?

3 months is a horrendous notice period. What kind of job is it? Most jobs usually want people to start within a month or two at most.

Someone's mentioned this before, do you have any holiday left? You can use that in some of your notice period.

I very much doubt any new employer will care if you leave before your 3 month notice period is up, if you left them and gave them a week's notice that may be different. Especially if your line manager agrees it's the right thing to do.