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  • FIRST POST
    • Blackbird_101
    • By Blackbird_101 11th Apr 18, 8:03 AM
    • 4Posts
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    Blackbird_101
    Employer agreed to extend my notice, now I need out!
    • #1
    • 11th Apr 18, 8:03 AM
    Employer agreed to extend my notice, now I need out! 11th Apr 18 at 8:03 AM
    I accepted a job offer with a new employer and subsequently handed in my notice with my current employer.
    When the new job fell through, I asked to extend my notice, so could have more time to find a new role, and my employer accepted.
    I wasn't asked to sign anything to agree to my new leave date but I have continued to work beyond the date that my original notice period ended.
    Can I just leave my job and start and at my new employer? Or will that land me in some sort of trouble?

    Help, PLEASE!
    Last edited by Blackbird_101; 11-04-2018 at 6:52 PM.
Page 1
    • Takeaway_Addict
    • By Takeaway_Addict 11th Apr 18, 8:12 AM
    • 5,857 Posts
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    Takeaway_Addict
    • #2
    • 11th Apr 18, 8:12 AM
    • #2
    • 11th Apr 18, 8:12 AM
    I accepted a job offer with a new employer and subsequently handed in my notice with my current employer.
    When the new job fell through, I asked to extend my notice, so could have more time to find a new role, and my employer accepted. The handed me a letter stating my new end date and also advised that they won't be able to change my leave date again.
    Having now found a new job, I've been asked to start a month before my revised leave date.
    I wasn't asked to sign the letter to agree to my new leave date but I have continued to work beyond the date that my original notice period ended.
    Can I just leave my job and start and at my new employer? Or will that land me in some sort of trouble?

    Help, PLEASE!
    Originally posted by MODonnell2018
    What is your notice period in the contract?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • Blackbird_101
    • By Blackbird_101 11th Apr 18, 8:47 AM
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    Blackbird_101
    • #3
    • 11th Apr 18, 8:47 AM
    • #3
    • 11th Apr 18, 8:47 AM
    Hi Takeaway_Addict. Thanks for replying.
    My notice period was 4 weeks, it expired around 20th March. While I was still serving the 4 weeks notice, my employer agreed to extend my notice period until mid-May.
    (I've been working there for just over 2 years).
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 11th Apr 18, 8:59 AM
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    ScorpiondeRooftrouser
    • #4
    • 11th Apr 18, 8:59 AM
    • #4
    • 11th Apr 18, 8:59 AM
    Have some respect for the people who agreed to help you out by agreeing to what you asked for and tell the new company that you are not available until mid-May. Why on earth didn't you tell them this in the first place?
    • Blackbird_101
    • By Blackbird_101 11th Apr 18, 9:23 AM
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    Blackbird_101
    • #5
    • 11th Apr 18, 9:23 AM
    • #5
    • 11th Apr 18, 9:23 AM
    ScorpiondeRooftrouser
    1) I have informed the new employer of the full details of my situation.
    2) Respect is earnt, not assumed (it worked in my employer's interest to retain me while they found a replacement).
    Last edited by Blackbird_101; 11-04-2018 at 6:53 PM.
    • Red-Squirrel
    • By Red-Squirrel 11th Apr 18, 9:25 AM
    • 3,059 Posts
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    Red-Squirrel
    • #6
    • 11th Apr 18, 9:25 AM
    • #6
    • 11th Apr 18, 9:25 AM
    ScorpiondeRooftrouser
    1) I have informed the new employer of the full details of my situation.
    2) Respect is earnt, not assumed (it worked in my employer's interest to retain me while they found a replacement).
    3) You are not aware of the reasons for my resignation/acceptance of a new job.
    4) Think before you speak when replying to someone speaking advice.
    Originally posted by MODonnell2018
    He's right.

    You need to work until your agreed leaving date. Its only about 5 weeks anyway. Your new employer should not have a problem with that if they were fully informed of it.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 11th Apr 18, 9:32 AM
    • 2,640 Posts
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    ScorpiondeRooftrouser
    • #7
    • 11th Apr 18, 9:32 AM
    • #7
    • 11th Apr 18, 9:32 AM
    ScorpiondeRooftrouser
    1) I have informed the new employer of the full details of my situation.
    2) Respect is earnt, not assumed (it worked in my employer's interest to retain me while they found a replacement).
    3) You are not aware of the reasons for my resignation/acceptance of a new job.
    4) Think before you speak when replying to someone speaking advice.
    Originally posted by MODonnell2018
    I did think. I've thought again. I stand by what I said.

    You asked for a deal, they offered you one, you agreed to it. Now you want to get out of it as soon as it suits you. Mainly by saying that you only agreed verbally, not in writing. Is your word valueless?

    Why is your new company asking you to start before your notice has expired if they know the circumstances? What did they say when you told them this was not possible?
    • agrinnall
    • By agrinnall 11th Apr 18, 9:34 AM
    • 20,718 Posts
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    agrinnall
    • #8
    • 11th Apr 18, 9:34 AM
    • #8
    • 11th Apr 18, 9:34 AM
    4) Think before you speak when replying to someone speaking advice.
    Originally posted by MODonnell2018
    Hope you're not expecting any more help - not that anyone is likely to suggest anything different to what's already been posted.
    • Blackbird_101
    • By Blackbird_101 11th Apr 18, 9:40 AM
    • 4 Posts
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    Blackbird_101
    • #9
    • 11th Apr 18, 9:40 AM
    • #9
    • 11th Apr 18, 9:40 AM
    I didn't agree to it, verbally or in writing. I was simply presented with a letter which states "it has been explained" and "you have agreed to" - nothing had been explained, and my agreement can only be inferred by my continuing to work beyond my initial 4 week notice.

    I am seeking advice, not criticism based on assumptions.
    • k3lvc
    • By k3lvc 11th Apr 18, 9:50 AM
    • 2,344 Posts
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    k3lvc
    I didn't agree to it, verbally or in writing. I was simply presented with a letter which states "it has been explained" and "you have agreed to" - nothing had been explained, and my agreement can only be inferred by my continuing to work beyond my initial 4 week notice.

    I am seeking advice, not criticism based on assumptions.
    Originally posted by MODonnell2018

    Exactly - you did agree to it by not challenging it and continuing to work


    And you don't get to pick and choose which responses you receive, only those that you choose to take notice of
    • NelliePie
    • By NelliePie 11th Apr 18, 9:54 AM
    • 215 Posts
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    NelliePie
    I have to agree with the other posters. You asked for something and you got it - probably at expense to your current employer (extra wages, admin and paperwork etc).

    Surely if you told the new employer you're not available until mid-May that is what they should honor? 5 weeks isn't long in the grand scheme of things, my current notice is 3 months.

    Do you have any annual leave saved up that you could take at the end of your notice period, effectively shortening it?
    Little One's due date 18/12/18
    5/5/18 I became Mrs Pie
    FTB June '17 - £144k motrgage
    • gettingtheresometime
    • By gettingtheresometime 11th Apr 18, 10:10 AM
    • 3,923 Posts
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    gettingtheresometime
    Karma can be such a b!tch sometimes.


    Your employers were good enough to let you stay on (yes it might have been in their interests as well as yours but so what?) and now you want to back track on just because it suits you.


    Posts like this reminds me that employees aren't always blameless
    Lloyds OD / Natwest OD / PO CC / Wescott / Argos Card cleared thanks to the 1 debt v 100 day challenge


    Next on the list - JD Williams
    • Takeaway_Addict
    • By Takeaway_Addict 11th Apr 18, 10:46 AM
    • 5,857 Posts
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    Takeaway_Addict
    ScorpiondeRooftrouser
    1) I have informed the new employer of the full details of my situation.
    2) Respect is earnt, not assumed (it worked in my employer's interest to retain me while they found a replacement).
    3) You are not aware of the reasons for my resignation/acceptance of a new job.
    4) Think before you speak when replying to someone speaking advice.
    Originally posted by MODonnell2018
    Regardless, your notice is 4 weeks so you can give it now and end a little earlier but if you just up and leave then don't expect any favours from them...ie reference.

    There is a very slim chance they could sue you for breach of contract, its highly unlikely but not unheard of.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • TELLIT01
    • By TELLIT01 11th Apr 18, 11:40 AM
    • 5,278 Posts
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    TELLIT01

    I am seeking advice, not criticism based on assumptions.
    Originally posted by MODonnell2018
    We can only comment based on assumption because you chose not to provide full information about your situation.. Whether you see that as advice or criticism is entirely down to you.
    If you are going to get stroppy when people don't give you the answer you are looking for I suggest that next time you simply look into a mirror and ask the question of the person there. Presumably they will give the answer you want.
    The reality is that there's probably very little you current employer can to in practice if you just walk out on them. However, if the new employer terminates your employment, you may need a reference again from your current employer. Walk out on them and the chances of getting a positive reference disappear. Whether you like to acknowledge the fact or not, you made an agreement with your current employer to work until a certain date. They didn't have to agree to extending your notice and this is how you intend to show your appreciation.
    • nicechap
    • By nicechap 11th Apr 18, 11:58 AM
    • 1,265 Posts
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    nicechap
    ScorpiondeRooftrouser
    1) I have informed the new employer of the full details of my situation. so why won't they wait until your contract expires
    2) Respect is earnt, not assumed (it worked in my employer's interest to retain me while they found a replacement). how do you plan to earn respect from either your current or future employer by messing one or both of them about?
    3) You are not aware of the reasons for my resignation/acceptance of a new job. And don't need to be, you're the one with the alleged conundrum
    4) Think before you speak when replying to someone speaking advice.What advice are you "speaking"? In the meantime, I refer you to your own point 2 above.
    Originally posted by MODonnell2018


    Another poster who is the architect of their own situation and don't care their actions may cause problems for existing employees who might need to ask for similar favours of their employers.
    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.” - George Carlin
    • shortcrust
    • By shortcrust 11th Apr 18, 12:14 PM
    • 2,078 Posts
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    shortcrust
    I'd have thought that changing your end date and ensuring you could continue to pay rent/mortgage would have been enough to earn your respect.

    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 11th Apr 18, 12:15 PM
    • 2,640 Posts
    • 4,178 Thanks
    ScorpiondeRooftrouser
    Regardless, your notice is 4 weeks so you can give it now and end a little earlier but if you just up and leave then don't expect any favours from them...ie reference.
    Originally posted by Takeaway_Addict
    They are serving their notice already.

    Their contractual notice is 4 weeks, but they have already agreed to a longer notice period. They can't turn round after agreeing that and insist on 4 weeks, any more than an employer could insist on a full 3 months contractual notice after they have agreed a shorter one.
    Last edited by ScorpiondeRooftrouser; 11-04-2018 at 12:17 PM.
    • Smodlet
    • By Smodlet 11th Apr 18, 2:30 PM
    • 3,632 Posts
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    Smodlet
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • Manxman in exile
    • By Manxman in exile 11th Apr 18, 4:49 PM
    • 1,485 Posts
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    Manxman in exile
    I didn't agree to it, verbally or in writing. I was simply presented with a letter which states "it has been explained" and "you have agreed to" - nothing had been explained, and my agreement can only be inferred by my continuing to work beyond my initial 4 week notice.

    I am seeking advice, not criticism based on assumptions.
    Originally posted by MODonnell2018

    But you said in the OP that you had asked for an extension to your notice period and your employer agreed. Having asked for the extension, how have you not agreed to it?
    • BooJewels
    • By BooJewels 11th Apr 18, 5:43 PM
    • 278 Posts
    • 208 Thanks
    BooJewels
    To me, this dilemma isn't so much about employment law or your rights etc., but more about where your moral compass points.

    If you got an extension on your notice period (which sounds more than reasonable from your current employers), this now becomes your new notice period. If you advised this to your new prospective employer, they presumably accepted it if they offered you the job. If you ditch on your former employer - what sort of message does that give to your new bosses about your reliability, principles and work ethic?

    When asked when you could start, your answer should have been that you're 'serving notice until x date and you fully intend to honour that, so won't be available until y date'. Any employer that wouldn't accept that at face value would concern me about their moral compass too.
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