Working Notice Period and Going on Sick

2

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  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    edited 16 August 2017 at 9:28PM
    If you ever need to ask your old employer for a job back, you'll be glad you worked that extra week.

    .... or need a reference.

    I would certainly have mentioned it had any of my staff pulled a stunt like that. Purely factual, but clearly stated, that they had claimed sickness during their notice period after requesting an earlier termination and been declined.
  • fiisch
    fiisch Posts: 509 Forumite
    First Anniversary Name Dropper First Post
    I was in exact same situation, but with a three month notice period. I kept asking and being told they'd "wait and see", but in the end it was looking like I was going to work the full notice. New job/recruiter was keen for me to start, and I had a baby due imminently so I was desperate to get the move over with.

    In the end, I emailed manager on a Wednesday and said I was leaving Friday. He phoned me up, we talked it out and we parted on good terms, and I left on the Friday. Sometimes you have to force the issue a little.... :)
  • ThemeOne
    ThemeOne Posts: 1,471 Forumite
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    In my limited experience, employers will usually be happy to be rid of staff earlier if they can, as they don't want someone hanging around who doesn't want to be there - however in your case the employer has chosen to enforce the notice period to the letter, and they're within the rights to do so.

    I can see three options:

    Ask if you can start the new job a week later.

    Resign yourself to having no break between the two jobs.

    Speak nicely to your line manager about it, and hope he'll agree to let you go. Your bargaining chip is they would save the last week's wages.

    I really wouldn't go off sick, for reasons others have explained.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Thank you all for your replies. In answer to your questions.

    Yes my employment contract states I need to give 1 months notice.

    There is a graduate starting next Monday to learn my job, even thought I will train him for 3 weeks, they are still refusing me to finish 1 week early. There will be no financial loss to the company with me finishing, my role is general admin.

    I have no holidays that I can take.

    It does not make sense to me why they won't let me finish a week early.

    If this grad decides to not turn up or does not fullfill their contract(walks off) or is just no good they need you for as long as possible.

    your answer is to make sure training is top notch so this grad it 100% into the job ASAP, less than 3 weeks

    Once you have done that, NOT before, you ask again if you can leave early as you are sat there twiddling your thumbs.
  • bugslet
    bugslet Posts: 6,874 Forumite
    Maybe they have that old fashioned idea that if you freely enter into a contract you should stick to it?

    Yep, that. By all means have a discussion to try and get them to change their mind, go in with all your reasons etc, but if they still say no, deal with it.

    If the boot was on the other foot so to speak and you wanted to work for a month but your employer said, nah, we are making it three weeks and not paying you, you'd be complaining that they weren't doing what they should.

    Life is a lot easier if people just do what they agreed to do.
  • ThemeOne
    ThemeOne Posts: 1,471 Forumite
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    I'm just curious here, why did you give 3 weeks notice if your contract says you must give a month?

    Does the employer have a history of letting people go giving less than a month's notice, for example? Or were you just hoping for the best?
  • Hi All

    Thanks again for the replies, I think I knew going on the sick was wrong, I just wanted other's to tell me that. Which you have and I have taken note, especially about the reference.

    In answer to some of the points.

    The company handbook says 4 weeks notice, but my contract says 1 month notice, bit of a grey area. If they had accepted 4 weeks notice then my finish date would be 12th Sept, and I was just hoping they would let me go on the 8th (2 days early).

    I will leave it a few weeks, train the new person up as much as possible, and then ask again if I can finish on 8th, but if they say no I will have no choice and work to the 15th.
  • ThemeOne
    ThemeOne Posts: 1,471 Forumite
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    Sounds like a plan. It's nice to have a bit of a break between jobs, just to recharge batteries, especially as it's often not easy to take holiday soon after starting a new job.

    Not always possible though unfortunately - good luck anyway.
  • theoretica
    theoretica Posts: 12,296 Forumite
    First Post Name Dropper Photogenic First Anniversary
    Have you thought about asking the new job if you can start a week later? That would be the other option for a week off.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • Hi All

    Quick update. I trained the new person as much as possible to do my job. Did everything I could to help the team in an upbeat positive attitude, but when I asked the question last Thur if I could finish on the Friday, they still said no I was needed this week, just in case!!!!!

    Worked 2 days, so far, with nothing to do, except browse the web, as the new person is doing my job extremely well, thanks to my training. It is so annoying, as me and OH could of had a cheeky week away. Oh well it is what it is.

    I have not asked the new company to delay start, as thought that was unprofessional.

    Thanks all for the replies.
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