Employer refusing to negotiate a shorter notice period
Employer refusing to negotiate a shorter notice period
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Discussion

tommy6mps

Original Poster:

11 posts

120 months

Saturday 8th June 2019
quotequote all
Hi all,

I have been working for a small haulage company for nearly 4 years and have recently decided to move away from lorry driving and more into a new career (not at all linked with what I currently do). As of yesterday I have been offered a new job and have accepted.

My new employer wants me to start on the 24th June which gives my employer 2 weeks notice. My contract states I must give 4 weeks.

Now if I do give 4 weeks I risk losing the new job as I will be starting training that day. If I leave after two weeks and my employer not agreeing to it I risk big conflict and potentially not being paid.

They have been rather unprofessional about it all, discussing it through text messages rather than face to face. There has been no attempt to negotiate from their end because one other employee is on holiday so he needs me to work.

Can I leave without giving any notice? So I just won't return to work or do I work 2 weeks and then just leave and suffer the consequences?

Davos123

5,966 posts

235 months

Saturday 8th June 2019
quotequote all
They're being no less professional about this than you, but yes, you can just walk out and leave. They could theoretically pursue you for breach of contract but it won't be worth their effort.

MitchT

17,089 posts

232 months

Saturday 8th June 2019
quotequote all
The vast majority of employers want AT LEAST four weeks notice. It's the norm. If your new employer is so inflexible that they won't accept something that's perfectly normal then you have to wonder what they'll be like to work for. Tell them you have to give four weeks and if it falls through I suspect you've dodged a bullet.

RobinBanks

12,241 posts

229 months

Saturday 8th June 2019
quotequote all
tommy6mps said:
Hi all,

I have been working for a small haulage company for nearly 4 years and have recently decided to move away from lorry driving and more into a new career (not at all linked with what I currently do). As of yesterday I have been offered a new job and have accepted.

My new employer wants me to start on the 24th June which gives my employer 2 weeks notice. My contract states I must give 4 weeks.

Now if I do give 4 weeks I risk losing the new job as I will be starting training that day. If I leave after two weeks and my employer not agreeing to it I risk big conflict and potentially not being paid.

They have been rather unprofessional about it all, discussing it through text messages rather than face to face. There has been no attempt to negotiate from their end because one other employee is on holiday so he needs me to work.

Can I leave without giving any notice? So I just won't return to work or do I work 2 weeks and then just leave and suffer the consequences?
If the company didn’t give you 4 weeks notice but just said here’s 2 weeks notice would you be happy?

bmwmike

8,286 posts

131 months

Saturday 8th June 2019
quotequote all
Don't burn bridges IMO. Keep your agreement with current employer.

anxious_ant

2,626 posts

102 months

Saturday 8th June 2019
quotequote all
Did you disclose to your new employers your notice period?
That's normally the first thing asked.

tommy6mps

Original Poster:

11 posts

120 months

Saturday 8th June 2019
quotequote all
anxious_ant said:
Did you disclose to your new employers your notice period?
That's normally the first thing asked.
Yes I did, we were both waiting for a medical assessment to come back which took longer than expected. Which is why it's only 2 weeks.

anxious_ant

2,626 posts

102 months

Saturday 8th June 2019
quotequote all
tommy6mps said:
Yes I did, we were both waiting for a medical assessment to come back which took longer than expected. Which is why it's only 2 weeks.
If I'm in your shoes I would tell the new employers that I want to work my notice period. Most employers would accept this as they could be on the other end as well.

My notice period is longer (3 months) and I've always been upfront to potential new employers with this. Most of the time I didn't have to work the full 3 months notice and still maintain a good relationship with past employers.

Chainsaw Rebuild

2,117 posts

125 months

Saturday 8th June 2019
quotequote all
Awkward situation. If you really can’t start the new job later (hopefully you can), do you know any self employed drivers who are available for the two weeks you should be there but can’t be?

If so could you say “look boss, I really need to start on date x, but here is my self employed mate Pete, just pay him my money for the two weeks work”. For me that would show you have tried to be helpful and solve the problem.

Scrump

23,744 posts

181 months

Saturday 8th June 2019
quotequote all
Do you have any outstanding holiday entitlement? If you do then you could use this to effectively shorten your notice period.

Countdown

47,369 posts

219 months

Saturday 8th June 2019
quotequote all
tommy6mps said:
Hi all,

I have been working for a small haulage company for nearly 4 years and have recently decided to move away from lorry driving and more into a new career (not at all linked with what I currently do). As of yesterday I have been offered a new job and have accepted.

My new employer wants me to start on the 24th June which gives my employer 2 weeks notice. My contract states I must give 4 weeks.

Now if I do give 4 weeks I risk losing the new job as I will be starting training that day. If I leave after two weeks and my employer not agreeing to it I risk big conflict and potentially not being paid.

They have been rather unprofessional about it all, discussing it through text messages rather than face to face. There has been no attempt to negotiate from their end because one other employee is on holiday so he needs me to work.

Can I leave without giving any notice? So I just won't return to work or do I work 2 weeks and then just leave and suffer the consequences?
I don't think it's the Company that's being unprofessional. They need you to work for them and that's the whole point of having a Notice period.

As has been pointed out you could just leave, it's unlikely they would pursue you, or you could just phone in sick for 2 weeks.......

Turn7

25,351 posts

244 months

Saturday 8th June 2019
quotequote all
bmwmike said:
Don't burn bridges IMO. Keep your agreement with current employer.
always burn bridges - you are leaving for reason - never forget that.



swilding

555 posts

273 months

Sunday 9th June 2019
quotequote all
Think yourself lucky your notice period could be 12 months!

ozzuk

1,396 posts

150 months

Sunday 9th June 2019
quotequote all
If they have to hire a short term temp driver because of the lack of notice then they can come after you for that cost...

LosingGrip

8,642 posts

182 months

Sunday 9th June 2019
quotequote all
swilding said:
Think yourself lucky your notice period could be 12 months!
Bloody hell! What type of job would that be?!


Strangegravy

68 posts

92 months

Sunday 9th June 2019
quotequote all
LosingGrip said:
swilding said:
Think yourself lucky your notice period could be 12 months!
Bloody hell! What type of job would that be?!
Military is one. Had to give notice, wait six months before applying for any new jobs!

casssy

17 posts

120 months

Monday 10th June 2019
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Do you have any holiday leave available to use up as notice?

craigjm

20,499 posts

223 months

Monday 10th June 2019
quotequote all
Turn7 said:
bmwmike said:
Don't burn bridges IMO. Keep your agreement with current employer.
always burn bridges - you are leaving for reason - never forget that.
Yeah because that works really well when you move to your next job and encounter the people you screwed over again because they have moved to the company you have applied to work for.

My advice is never do anything to unnecessarily ps off anyone because you don’t know where you will meet people in the future.

The post above saying that you may dodge a bullet if the new company can’t be flexible on start date may be true. Your position is that you legally have a four week notice and you legally have to work it unless an agreement can be reached. IF you breach that you will be in breach of contract and they could go after that. Whether they will is a gamble but you have to make that choice and suck up the consequences.

If it was me and the new company was saying start date is X take it or leave it I would be leaving it

LosingGrip

8,642 posts

182 months

Monday 10th June 2019
quotequote all
Strangegravy said:
Military is one. Had to give notice, wait six months before applying for any new jobs!
That's a bit crap! I'm glad I've only got a week ha (it helps I have a ste job mind you!).

SOL111

627 posts

155 months

Monday 10th June 2019
quotequote all
Turn7 said:
bmwmike said:
Don't burn bridges IMO. Keep your agreement with current employer.
always burn bridges - you are leaving for reason - never forget that.
Lol, hilarious hehe

OP. If your new employer wants you then they'll hold out for another few weeks.

Even as a contractor I make clients wait. They sometimes baulk but soon come round when they realise they get the same level of respect at the end.