New company wants me before my notice period ends
New company wants me before my notice period ends
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Discussion

BigGingerBob

Original Poster:

2,165 posts

219 months

Friday 31st March 2017
quotequote all
Good evening!

I currently work for a big, nation wide estate agency company. I have been looking for other jobs recently and I was offered a new job yesterday.

Good news.

However, they want me to start on the 10th of April and my current company wants me to work my full 4 week notice period.
I don't want to do this as I am super keen to start my new position and the current company treat and pay their staff like garbage.

Is there any way around this at all?

Mr E

23,030 posts

288 months

Friday 31st March 2017
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You can walk an hope your current employer doesn't take you to court for breach of contract.

SystemParanoia

14,343 posts

227 months

Friday 31st March 2017
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Sign off sick.

or

Dont bother turning up on the 10th.

they cant force you to sit at their desks, you're not a slave


anonymous-user

83 months

Friday 31st March 2017
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you are moving in the same industry i wouldn't st where you eatr. the new company can wait another 2 weeks. you could try and work down you notice period, i.e holiday etc but i would work it as you never know how it might impact you in the future.

Mr E

23,030 posts

288 months

Friday 31st March 2017
quotequote all
SystemParanoia said:
they cant force you to sit at their desks, you're not a slave
Slave, no. There is a contract though.

iwantagta

1,324 posts

174 months

Friday 31st March 2017
quotequote all
Hmmmm. I understand the new company wants you and your current company treats you like crap however....i'd be saying to your new employer that you have a contract with your current employer & although you would love to join you now your existing employer wants you to see out your notice.
As such you will treat your current employer like you will treat your new employer and follow your contract, else what sort of person do they want?

Unless you are in sales - then just abandon ship. They want you to show that you are willing to climb over whoever to get the sale!!!

SystemParanoia

14,343 posts

227 months

Friday 31st March 2017
quotequote all
Mr E said:
SystemParanoia said:
they cant force you to sit at their desks, you're not a slave
Slave, no. There is a contract though.
Its easy to get signed off for 4 weeks due to 'stress'. no breach.
also you have your self cert period

Mr E

23,030 posts

288 months

Friday 31st March 2017
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I'd also point out that if they really want you, they'll wait.

SystemParanoia

14,343 posts

227 months

Friday 31st March 2017
quotequote all
If tables were turned, they'd drop you like a hot potato without warning.

companies these days want incredible levels of loyalty and sacrifice from their employees... but show them none of the same

JonChalk

6,469 posts

139 months

Friday 31st March 2017
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Would you employ someone who had previously demonstrated lack of respect for the contract under which they were employed?

If you mess your current employer around, what are you telling your future employer about you?

SystemParanoia

14,343 posts

227 months

Friday 31st March 2017
quotequote all
JonChalk said:
Would you employ someone who had previously demonstrated lack of respect for the contract under which they were employed?

If you mess your current employer around, what are you telling your future employer about you?
I am not a pushover. treat me like st and i'll walk

iwantagta

1,324 posts

174 months

Friday 31st March 2017
quotequote all
SystemParanoia said:
If tables were turned, they'd drop you like a hot potato without warning.

companies these days want incredible levels of loyalty and sacrifice from their employees... but show them none of the same
Maybe so. But incredibly unlikely that they wouldnt follow their contractual obligations - even if they showed you the door they will, in general, pay up.

JonChalk

6,469 posts

139 months

Friday 31st March 2017
quotequote all
SystemParanoia said:
I am not a pushover. treat me like st and i'll walk
.....and they'll remember that and treat you accordingly.

SystemParanoia

14,343 posts

227 months

Friday 31st March 2017
quotequote all
JonChalk said:
SystemParanoia said:
I am not a pushover. treat me like st and i'll walk
.....and they'll remember that and treat you accordingly.
as would I when they come up as a customer or contractor at a future employer. hehe

Edited by SystemParanoia on Friday 31st March 20:36

hman

7,497 posts

223 months

Friday 31st March 2017
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Try a 3 month notice period - and yes my new company wanted me there instantly but they also understood it wouldn't happen like that.

They said they will wait for the right person - they did and I started work at the end of my 3month notice period.

Don't walk away early - 2 weeks is nothing, done companies will wait 12!!!!

SystemParanoia

14,343 posts

227 months

Friday 31st March 2017
quotequote all
swerni said:
SystemParanoia said:
Mr E said:
SystemParanoia said:
they cant force you to sit at their desks, you're not a slave
Slave, no. There is a contract though.
Its easy to get signed off for 4 weeks due to 'stress'. no breach.
also you have your self cert period
How can you say "no breach" have you seen the contract?
I'll place large sums that it stipulates what you can and can't do as an employee.
One of the clauses willl be about additional work while employed and conflict of interest.
Off sick he'd still be an employee

This is really st advise, please ignore it.
Shrug.. I'd want the higher pay and better conditions now, not later.
I have no intentions of doing whats best for the stty employer at expense to my personal wealth and psychological health.

YOLO.. and its too short to spend it eating st

anonymous-user

83 months

Saturday 1st April 2017
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The last time I moved from one job to another was 4 years ago (before I went self employed) and a similar thing happened to me.

New company wanted me right away so I told my employers about this in a meeting and said I was going to work the next 2 weeks then take 2 weeks holiday entitlement. I would start at the new place whilst on holiday.

They got suddenly got really arsey with me and said that granting holidays was at their discretion and they could 'make me' stay the full 4 weeks if they wanted. At that point the room fell silent and my director just had a look on his face as though he just realised how silly he sounded by threatening me.

Bearing in mind that I had been an incredibly loyal employee for 7 years, only a handful of sick days in those years, worked far more hours every week than I was contracted, went beyond they call of duty constantly, never turned down a request to do something for them, never complained (unlike the other staff) and so on. They had absolutely more than had their money's worth out of me.

But when the chips are down, they don't give a fk about you. You are as expendible as anyone else and they will threaten you without even hesitating.

I basically said that I was leaving in two weeks and they could either work with me to get as much done in two weeks as possible, or they could be complete dicks to me and I would just walk out then and there.

They worked with me for the two weeks and then gave me decent send off with cards, gifts etc.

New company were very happy that I had got to them early.

I've noticed that businesses are quite happy if you st on your old employer on the way out, whether it be pinching customers, data, policies and procedures, or taking other staff with you.

They don't seem to consider you might do it to them, they just rub their hands with glee as they see it as the new employee doing them favours.

Edited to add: My thought process was that as I had been a relatively exemplary employee for 7 years, they could have done me a favour and let me go two weeks early without an argument.

Edited by NinjaPower on Saturday 1st April 08:55

hairyben

8,516 posts

212 months

Saturday 1st April 2017
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NinjaPower said:
I've noticed that businesses are quite happy if you st on your old employer on the way out, whether it be pinching customers, data, policies and procedures, or taking other staff with you.

They don't seem to consider you might do it to them, they just rub their hands with glee as they see it as the new employee doing them favours.
Yes I've always thought that bailing on your old contract might look bad or even be a test, but I guess it's more the short termism thats so prevalent -everywhere in society- today, but particularly in business. Your boss/manager doesnt care how badly you're likely to dump on the company in 5 years because he cant see further than this months sales/targets/agenda, is the normal mentality, IME.

anonymous-user

83 months

Saturday 1st April 2017
quotequote all
SystemParanoia said:
Shrug.. I'd want the higher pay and better conditions now, not later.
I have no intentions of doing whats best for the stty employer at expense to my personal wealth and psychological health.

YOLO.. and its too short to spend it eating st
How lovely to see a contract as existing only for your benefit! Screw the other party! The most amusing thing about this is that taking a short term "me, me, me, and only and always me" approach can produce medium to long term disadvantage, as people who welch on their bargains may find that others become reluctant to make bargains with them.

OP, you may be able to negotiate an early exit, but, if you can't, then the other employers will have to wait, and if they are a decent bunch they will understand that you have an obligation to fulfill.

The employment contract is not a contract of servitude, and an employer cannot force a person to work, but, if the contract contains a garden leave clause, the employer can require the employee to wait out the notice period before moving. A garden leave clause can be enforced by a court injunction if need be.

The idea of pretending to be off sick while in fact taking another job is, as noted above, an incredibly bad idea, as all ideas involving dishonesty tend to be. I am currently involved in a case in which an arrogant and dishonest bloke did just that (the new job was a competing business, to boot), and now my client is suing the hell out of him and he is likely to lose everything he owns in order to pay the legal fees.

anonymous-user

83 months

Saturday 1st April 2017
quotequote all
hairyben said:
NinjaPower said:
I've noticed that businesses are quite happy if you st on your old employer on the way out, whether it be pinching customers, data, policies and procedures, or taking other staff with you.

They don't seem to consider you might do it to them, they just rub their hands with glee as they see it as the new employee doing them favours.
Yes I've always thought that bailing on your old contract might look bad or even be a test, but I guess it's more the short termism thats so prevalent -everywhere in society- today, but particularly in business. Your boss/manager doesnt care how badly you're likely to dump on the company in 5 years because he cant see further than this months sales/targets/agenda, is the normal mentality, IME.
Only sometimes. I know of many employers who take a dim view of an employee trashing the old place before coming to the new place. Wise employers, and wise employees, may recall that in life you tend to meet everyone at least twice.