Leaving your job before the end of your notice period

[Action Jackson]

You're on 3 months notice but your new employer wants you in 1 month.

What's the worst that your current employer can do if you only work 1 months notice then leave for your new job?

I should say that the current employer does not give personal references(company policy) so it's not like you are in danger of ruining a future reference.

Other than not paying you for the remaining 2 months(who cares, you have a new job), then I can't see what there is to stop you leaving early. They can't harm your pension can they? And I doubt they would take me to court to come back and work for 2 months.


Anyone been in this situation before?

[bopdude]

No idea really, but 3 months notice, thats extreme, isn't it ? apart from bopping the boss on the nose, getting fired, which releases ya, nope, no idea :D

[superbiatch]

Its only our senior management that have to give 3 months notice in our organisation - does seem a bit extreme!

Given the fact they won't give you a reference (as its company policy - probably so they can't get sued!) i'd say you'd had a lucky escape :)

[Xaccers]

If they can prove that they lost money through you not working your notice period, they can sue you for that period.
Most contracts however have a clause where on managerial agreement, employees can leave without working their notice.
That's basically a face saving clause because you can go anyway, but if you get on with your managers, it's always best to leave amicably.
No matter what, they must pay you up to the day you leave, plus/minus any holiday owed/used.
I left my first job this way, was a great feeling :D

[Action Jackson]

Its only our senior management that have to give 3 months notice in our organisation - does seem a bit extreme!

Given the fact they won't give you a reference (as its company policy - probably so they can't get sued!) i'd say you'd had a lucky escape :)

I'm certainly not senior management. :D

My contract when I joined was for 1 months notice, but all the new contracts in my company are for 3 months if you have over 5 years service. I recently had to sign a new contract when I was promoted so am now stuck with 3 months notice.

[Xaccers]

Have a quiet word with your manager, say that the new company want you to start in a month (if they want you to start sooner than a month, then there's no point hanging around for the month so go even sooner), if they say they won't let you go, say that you're sorry to hear that but you're going anyway.

[AntiSilence]

I agree with Xaccers. Explain the situation, then if they refuse, go anyway. At the end of the day, you have to do what's best for you.

[andygrif]

If they can prove that they lost money through you not working your notice period, they can sue you for that period.


Likewise, if the new employer says that the job won't be open to you after three months, then the employee has the right to sue for lost earnings from the employer.

As with most things, being reasonable is the order of the day, ask if you can be released early from your contractual obligations, don't burn the bridges, etc etc

[Action Jackson]

Have a quiet word with your manager, say that the new company want you to start in a month (if they want you to start sooner than a month, then there's no point hanging around for the month so go even sooner), if they say they won't let you go, say that you're sorry to hear that but you're going anyway.


That's obviously the best way. After all, you never know if you might need to go back if things aren't working out(we've had a few people leaving and then returning - happens all the time in my profession).


The 3 months notice period wouldn't ever stop me from leaving after a month, just wondered if anyone had done it and ran into problems that I can't think of.

[AntiSilence]

What's your profession?

[Action Jackson]

What's your profession?


Not terribly easy to explain. Suffice to say, it's a 'small world' profession and people move around a lot and often leave and return to the same company many times.


Therefore, it's always best to leave on good terms.

[fireman328]

In my opinion, you would be in breach of contract. If if they could prove they lost money e.g. had to find a temp, to cover the old position in the interim then they could sue for the additional cost of cover required until your notice expired.

[Xaccers]

In my opinion, you would be in breach of contract. If if they could prove they lost money e.g. had to find a temp, to cover the old position in the interim then they could sue for the additional cost of cover required until your notice expired.

Only if the temp cost them more than Action Jackson would if he'd stayed employed for that portion of his notice period.

[Action Jackson]

Only if the temp cost them more than Action Jackson would if he'd stayed employed for that portion of his notice period.

They'd probably replace me with a large tub of Tesco's own brand cottage cheese, or maybe a small quiche.


So yes, it would cost them more. :(

[danielf]

Only if the temp cost them more than Action Jackson would if he'd stayed employed for that portion of his notice period.

Depends on if the temp provides as much action as Jackson?

[Xaccers]

They'd probably replace me with a large tub of Tesco's own brand cottage cheese, or maybe a small quiche.


So yes, it would cost them more. :(

They'd have to be able to prove in court that your leaving cost them money, such as on a worksite if you were the only person who could install widgets and because you left they didn't get the job finished on time so incurred costs, then they'd be able to sue you.
But that's not very likely to happen, most of the time managers will just let you go and wish you all the best, unless they are evil and hate you.

[Action Jackson]

Depends on if the temp provides as much action as Jackson?

I am a great employee.


I once gave my boss anal sex in return for a 7% pay rise(he offered 9% but i was very quick so felt like I was cheating him).


I will be sorely missed. :(

---------- Post added at 16:13 ---------- Previous post was at 16:12 ----------

They'd have to be able to prove in court that your leaving cost them money, such as on a worksite if you were the only person who could install widgets and because you left they didn't get the job finished on time so incurred costs, then they'd be able to sue you.
But that's not very likely to happen, most of the time managers will just let you go and wish you all the best, unless they are evil and hate you.



It would never go that far, so I'd be ok.

[Xaccers]

I will be sorely missed. :(

Anusol should sort that.