Walking out without giving notice?
Walking out without giving notice?
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Discussion

ThePlanner

Original Poster:

5,253 posts

296 months

Thursday 9th August 2012
quotequote all
I am fed up with my current job, underpaid overworked, no pay rise for 3 years.

I have a new job overseas starting in September, the new employer is only willing to wait for 4 weeks for me to start, but I have a 13 week notice period. My current employer has pissed me off over the last 2 years and I have only stayed in the job as its a 10 minute commute to work by car. I also finished at 4pm to get home but done work at home between 9pm and midnight.

I am not willing to ask the new employer again for more time, so my only option is to give 4 weeks notice and effectively walk out if they decide not to accept it. I have been working with the new company or 9 months to secure the job and it is a really good opportunity for me.

If I stayed in my current job for 13 weeks I would do absolutely no work at all, so it would just be a waste of time for both sides. So what would happen if I only give 4 weeks of a 13 week notice period? Loss of pay? Sue me? Etc

Silver

4,373 posts

255 months

Thursday 9th August 2012
quotequote all
I don't know about your employer specifically, but both my previous jobs have been three months notice and on both occasions it's been waived and they said I could leave within a couple of weeks after doing handovers etc. but lose the pay. Had I insisted on keeping the pay they'd have made me work the three months. That was common practice.

Current place escorts you from the premises before you've even finished the words, 'I'm handing in my n...' although contract states one month.

If you think you can have a reasonable discussion with your employer about releasing you early then I'd probably try that. Otherwise, I guess they could sue but it would depend on how badly they felt let down - I don't know enough about employment law to say if this is likely or not. Good luck! smile

TurricanII

1,516 posts

227 months

Thursday 9th August 2012
quotequote all
It sounds odd that you have been working with the new company for 9 months to secure an opportunity but they are only willing to wait four weeks for you..

They don't sound like they will value you as an employee any more than your current employer!!!

I am not a lawyer but I have never seen someone pursued legally for leaving before their notice period, and I have done it myself/seen others do it.

I would quit and explain to the employer that you simply have to move abroad, then talk about reducing the notice period to four weeks (which will save them a couple of months wages). If they get arsey, tell them you will let them know your forwarding address in whichever country you are moving to. That might also dissuade them from pursuing you. Finally, I myself would always offer to be available by email/on the phone to help with any bits that might be missed in a rushed handover. You probably only live once - just do it!




wollowizard

15,137 posts

229 months

Thursday 9th August 2012
quotequote all
Just give four weeks notice, I don't know of any employer that has ever enforced noticed periods due to the fact that once you have decided to go they know it's over.

ThePlanner

Original Poster:

5,253 posts

296 months

Friday 10th August 2012
quotequote all
To job is for a foreign government and has taken 9 month to get approvals and security Clarence through. They want me to start PDQ.

My current employer wants me to work in a London office, increasing my daily 2way commute by 3.5hrs, increase my hours to 40 per week from 35. But all for the same salary. I have been with my current employer for 8 years but all has gone sour recently with new senior management changes. I had a team of 35 people now I an down to a team of 4 with all of us unhappy and looking elsewhere for work.

Fer

7,773 posts

309 months

Friday 10th August 2012
quotequote all
Ask them what their "disgruntled employee" procedure is. Usually that's a walk to the door. Then warn them that in 4 weeks you will become a disgruntled employee. I am sure they will see it your way.

davepoth

29,395 posts

228 months

Friday 10th August 2012
quotequote all
ThePlanner said:
To job is for a foreign government and has taken 9 month to get approvals and security Clarence through. They want me to start PDQ.

My current employer wants me to work in a London office, increasing my daily 2way commute by 3.5hrs, increase my hours to 40 per week from 35. But all for the same salary. I have been with my current employer for 8 years but all has gone sour recently with new senior management changes. I had a team of 35 people now I an down to a team of 4 with all of us unhappy and looking elsewhere for work.
The company could try and sue for damages, based on the cost of getting an agency worker in to cover for you. So that would be nine weeks at what we can safely say is about double your current salary for an agency worker. It's highly unlikely they'd actually go through with it though.

The other option, on the assumption that you aren't looking for a reference from them, is for you to get them to fire you. That could be fun. wink

ThePlanner

Original Poster:

5,253 posts

296 months

Saturday 11th August 2012
quotequote all
davepoth said:
The company could try and sue for damages, based on the cost of getting an agency worker in to cover for you. So that would be nine weeks at what we can safely say is about double your current salary for an agency worker. It's highly unlikely they'd actually go through with it though.

The other option, on the assumption that you aren't looking for a reference from them, is for you to get them to fire you. That could be fun. wink
Already have references sorted. I still have a very good working relationship with a middle eastern office who don't really care about the UK operation. The whole company has gone belly up but the middle eastern office has stayed true to our routes of pure engineering.

As a side note a senior director has recently resigned to work for a major competitor he is being forced to work his 4 months notice!

ClaphamGT3

12,223 posts

272 months

Saturday 11th August 2012
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ThePlanner said:
Already have references sorted. I still have a very good working relationship with a middle eastern office who don't really care about the UK operation. The whole company has gone belly up but the middle eastern office has stayed true to our routes of pure engineering.
Transport engineering presumably?

davepoth

29,395 posts

228 months

Saturday 11th August 2012
quotequote all
ThePlanner said:
Already have references sorted. I still have a very good working relationship with a middle eastern office who don't really care about the UK operation. The whole company has gone belly up but the middle eastern office has stayed true to our routes of pure engineering.

As a side note a senior director has recently resigned to work for a major competitor he is being forced to work his 4 months notice!
If you aren't worried about references, then get them to fire you. If they take the action then they can't sue you. I would suggest drinking in the office, very openly. A half full bottle of vodka on the desk and some raucous singing will do the job I suspect. Don't actually drink since otherwise you won't be able to drive home. wink

ThePlanner

Original Poster:

5,253 posts

296 months

Thursday 23rd August 2012
quotequote all
I have decided to do the right thing by giving notice. But have said that my new jobs starts on this data and my final day in the office is this.

In theory they should put me on gardening leave, but they are snowed under with work as everyone is leaving or gone already.


ThePlanner

Original Poster:

5,253 posts

296 months

Monday 10th September 2012
quotequote all
As an update, Boss rejected the resignation and now said that he has no record of me resigning.

submitted a copy of the letter and email dated the 23rd August now he is insisting that i work my full notice from Today.

But stuff it, i have a 1 way ticket booked and i am getting on that plane if he likes it or not!

Gargamel

16,344 posts

290 months

Monday 10th September 2012
quotequote all
ThePlanner said:
As an update, Boss rejected the resignation and now said that he has no record of me resigning.

submitted a copy of the letter and email dated the 23rd August now he is insisting that i work my full notice from Today.

But stuff it, i have a 1 way ticket booked and i am getting on that plane if he likes it or not!
I'd say it was bad planning on your part not to anticipate this wink

Good luck

Bill Carr

2,234 posts

263 months

Monday 10th September 2012
quotequote all
Just go into your bosses office, drop trou' and curl out a cleveland steamer on his desk.

Job-jobbed.

davepoth

29,395 posts

228 months

Monday 10th September 2012
quotequote all
Bill Carr said:
Just go into your bosses office, drop trou' and curl out a cleveland steamer on his desk.

Job-jobbed.
In more than one way.

Bill Carr

2,234 posts

263 months

Monday 10th September 2012
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davepoth said:
In more than one way.
Precisely!

h0b0

9,055 posts

225 months

Monday 10th September 2012
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If they are relocating your place of work by as much as you have said then you have a right to walk out.