Leaving before my 3 month notice period is up
Discussion
8-P said:
Easy question. I have a 3 month notice period.
I really want the hell out - can I just take my pay at the end of the month and never turn up again?
What can they really do?
Refuse to give you a reference and not take you back in the future. As long as these things don’t impact you there’s not a lot stopping them. I really want the hell out - can I just take my pay at the end of the month and never turn up again?
What can they really do?
0a said:
Have you talked to your current employer?
In my experience, few will want an unwilling employee hanging around.
Emphasise how you will be very helpful with a full handover, be available for the odd call once gone, but do not see it as productive to spend 3 months on their payroll.
What Oa said.In my experience, few will want an unwilling employee hanging around.
Emphasise how you will be very helpful with a full handover, be available for the odd call once gone, but do not see it as productive to spend 3 months on their payroll.
They might still insist you work the full 3 months in which case there is very little to stop you walking away. Unless you're in a specialist role and/or with things like gardening leave clauses in your contract (like every other PHer) then it isn't worth the hassle for your employer to take you to Court for breach of contract.
8-P said:
Easy question. I have a 3 month notice period.
I really want the hell out - can I just take my pay at the end of the month and never turn up again?
What can they really do?
Well, you’d be in breach of contract, so they could presumably do what anyone could do when that sort of thing happens. This, potentially, means suing you for any losses incurred due to you not serving your notice, and costs (I suppose) for finding your short term replacement while they look for a permie to fill your role - probably limited to a max of three months, as per your notice period. They probably wouldn’t bother, but it’s a possibility. I really want the hell out - can I just take my pay at the end of the month and never turn up again?
What can they really do?
If you want out fast, have a grown up conversation with your manager and / or HR to see if they’d be amenable to releasing you early.
DanL said:
Well, you’d be in breach of contract, so they could presumably do what anyone could do when that sort of thing happens. This, potentially, means suing you for any losses incurred due to you not serving your notice, and costs (I suppose) for finding your short term replacement while they look for a permie to fill your role - probably limited to a max of three months, as per your notice period. They probably wouldn’t bother, but it’s a possibility.
If you want out fast, have a grown up conversation with your manager and / or HR to see if they’d be amenable to releasing you early.
As I understand it it's only EXTRA costs / losses the employer incurs that they can claim for. So they couldn't claim for recruiting a replacement (because they would have had to do that anyway) and they couldn't claim for the costs of Agency staff (as they would have been paying the Employee if they had stayed in post)If you want out fast, have a grown up conversation with your manager and / or HR to see if they’d be amenable to releasing you early.
In most cases the extra costs are negligible which is why it's not worth suing.
Countdown said:
As I understand it it's only EXTRA costs / losses the employer incurs that they can claim for. So they couldn't claim for recruiting a replacement (because they would have had to do that anyway) and they couldn't claim for the costs of Agency staff (as they would have been paying the Employee if they had stayed in post)
In most cases the extra costs are negligible which is why it's not worth suing.
I believe you’re correct, but an agency employee is likely to be more expensive than a permie… If the OP is doing vital work for the business that causes them to lose a contract / pay penalties as a result of them not working their notice then they could perhaps sue for that loss as well.In most cases the extra costs are negligible which is why it's not worth suing.
Well if getting a reference, returning at some point in the future is of no interest and you have a good story for your next employer then crack on.
It is worth having a conversation with your boss but set your expectations low, if they say crack on and p
s off it might not be what you expect to hear.
There is nothing wrong with asking the question as it is a judgement for them, if they say no do they a get reasonable effort from you without any negative aspects or 3 months of poor work, disruption and distraction for others.
Also are you are mission critical or of lesser impact on the business.
It is worth having a conversation with your boss but set your expectations low, if they say crack on and p
s off it might not be what you expect to hear.There is nothing wrong with asking the question as it is a judgement for them, if they say no do they a get reasonable effort from you without any negative aspects or 3 months of poor work, disruption and distraction for others.
Also are you are mission critical or of lesser impact on the business.
I think the question you should be asking is, whether a prospective employer would look favourably on someone that just walked out on their last employer, without notice, potentially leaving them up the creek, and are they likely to think that you will do the same with them, and therefore not want to employ you.
You “should” do the 3 months.
But I’ve found the way to approach it is to write a handover docs list. And then agree how long it will take to do all of the items on the list.
have the list of “everything” you need to get done to handover written and take it as part of the resignation talk.
Get the boss to agree that this is the exhaustive list of things that need to be done and then you’re just negotiating as to how long it takes to get the list completed.
I’d guess you’d struggle to get a list that would take more than a month to complete (which is the point). Job done
But I’ve found the way to approach it is to write a handover docs list. And then agree how long it will take to do all of the items on the list.
have the list of “everything” you need to get done to handover written and take it as part of the resignation talk.
Get the boss to agree that this is the exhaustive list of things that need to be done and then you’re just negotiating as to how long it takes to get the list completed.
I’d guess you’d struggle to get a list that would take more than a month to complete (which is the point). Job done
Speak to your manager who will then speak to HR and see what they say. Many employers will shorten notice periods if it doesn’t really impact on them. If you don’t bother doing this and just go AWOL then, as above you can be sued for losses which will pretty much be your salary and they could give you a bad reference. In reality they will probably do neither of these things and you would get away with it. The biggest thing to remember though is that you never know who you will come across in the future or where and it’s pointless creating bad blood if you don’t have to.
Instead of doing something childish be an adult and have an adult conversation and go from there
Instead of doing something childish be an adult and have an adult conversation and go from there
craigjm said:
Speak to your manager who will then speak to HR and see what they say. Many employers will shorten notice periods if it doesn’t really impact on them. If you don’t bother doing this and just go AWOL then, as above you can be sued for losses which will pretty much be your salary and they could give you a bad reference. In reality they will probably do neither of these things and you would get away with it. The biggest thing to remember though is that you never know who you will come across in the future or where and it’s pointless creating bad blood if you don’t have to.
Instead of doing something childish be an adult and have an adult conversation and go from there
This. Don't go AWOL. A friend did this and they deducted his pay for the time he wasn't there.Instead of doing something childish be an adult and have an adult conversation and go from there
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