Job not as described and notice period
Job not as described and notice period
Author
Discussion

Cimaguy

Original Poster:

559 posts

95 months

Tuesday 11th June 2019
quotequote all
Hey folks,

I need some advice.

I took a role on a year ago which was described to be one thing and well in reality its something else. My role is more like a 'management accountant' job when I should be at financial controller/head of finance level. I've been working my socks off over the past year, working evenings and weekends as staffing isn't right and there's too much on. The business is also under-performing which has meant no bonus or pay-rises for finance staff. There is a chance my role will be made redundant, in the next 2 months or so, due to a recent merger and hence I want to move on quickly. The payout will be 2 months salary.

I have a potential offer over the next week from a competitor. My notice period is 3 months. Should this materalise they wont wait that long as they need someone in ASAP. My line manager would want me to work the notice. I have no desire to stay for the main reasons above.

Should the offer materialise, any advice or recommendations.

A very frustrated, worried and anxious Cimaguy.

Thanks.

anonymous-user

77 months

Tuesday 11th June 2019
quotequote all
So if they won't wait that long, they withdraw the offer and start looking for someone else?

That may take as long and anyone else may also have a 3 month notice.

I'd also suggest if they won't wait that long then they'll be a pain when you're working there too, do you want to jump from frying pan into fire?

Mr Pointy

12,832 posts

182 months

Tuesday 11th June 2019
quotequote all
Firstly I'd be concerned about a company that expects a senior finance position to be filled ASAP & isn't organised enough to realise good candidates are going to be on at least three months notice. Are you sure it's good place to be going to or is it a case of grabbing the first opportunity that comes along?

Do you have any holiday owed which could reduce the three months notice period? Can you resign now & support yourself for a few months?

I suggest that you don't do anything until you have a firm offer with a signed contract with the new firm. It's probable that the contract will specify at least three months notice so use this as an arguing point with them re your start date.

If you do walk out of the current job they could sue for breach of contract so you'd have to decide how likely that is. You probably wouldn't get a reference from them & you might have to explain to future potential employers when you left them in the lurch.

Countdown

47,368 posts

219 months

Tuesday 11th June 2019
quotequote all
Cimaguy said:
Hey folks,

I need some advice.

I took a role on a year ago which was described to be one thing and well in reality its something else. My role is more like a 'management accountant' job when I should be at financial controller/head of finance level. I've been working my socks off over the past year, working evenings and weekends as staffing isn't right and there's too much on. The business is also under-performing which has meant no bonus or pay-rises for finance staff. There is a chance my role will be made redundant, in the next 2 months or so, due to a recent merger and hence I want to move on quickly. The payout will be 2 months salary.

I have a potential offer over the next week from a competitor. My notice period is 3 months. Should this materalise they wont wait that long as they need someone in ASAP. My line manager would want me to work the notice. I have no desire to stay for the main reasons above.

Should the offer materialise, any advice or recommendations.

A very frustrated, worried and anxious Cimaguy.

Thanks.
Given that you've been there less than 2 years are you sure you will get redundancy?

Assuming you do then the question is

1. Do you keep shtum about the new job offer, take the redundancy, and move into your new job? Will your new employer wait that long? If they won't then how confident are you of getting another new job?

2. Do you give 3 months notice, knowing full well that you won't then get redundancy, and move into your new job? Again this is dependent upon your new employer being willing to keep the job open for that long?

3. Do you wait until the job gets offered, negotiate as long as possible a notice period with your NEW employer, and hope you get redundancy before you HAVE to start with your new employer?

There are too many variables. It depends how amazing the new job is, how confident you are of finding ANOTHER new job if this one doesn't wait for you, how much the redundancy means to you....

Cimaguy

Original Poster:

559 posts

95 months

Tuesday 11th June 2019
quotequote all
Countdown said:
Given that you've been there less than 2 years are you sure you will get redundancy?

Assuming you do then the question is

1. Do you keep shtum about the new job offer, take the redundancy, and move into your new job? Will your new employer wait that long? If they won't then how confident are you of getting another new job?

2. Do you give 3 months notice, knowing full well that you won't then get redundancy, and move into your new job? Again this is dependent upon your new employer being willing to keep the job open for that long?

3. Do you wait until the job gets offered, negotiate as long as possible a notice period with your NEW employer, and hope you get redundancy before you HAVE to start with your new employer?

There are too many variables. It depends how amazing the new job is, how confident you are of finding ANOTHER new job if this one doesn't wait for you, how much the redundancy means to you....
Countdown, your comments are always thought provoking. I would like the payoff so would like this to factor this into my discussions somehow. It is approx. £15k which is not a bad thing.

Some good points generally above that I did not fully appreciate properly.

The 'ASAP' requirement is really as they would like someone to help with a presentation in September but I suspect they may wait if I explain what is needed from my side. The role is newly created.

I am going to hold fire on discussions until I get an offer. If that does not materalise then there is no point to stress immediately.

I think it is a good opportunity in terms of my own development and also there is potential for internal promotion 3 years down the line. All of that is welcomed! I think the package should be decent.. anyway..

Countdown

47,368 posts

219 months

Tuesday 11th June 2019
quotequote all
Good luck wink

ReallyReallyGood

1,641 posts

153 months

Tuesday 11th June 2019
quotequote all
Companies WILL wait 3 months for someone if the role is difficult to fill.

Cimaguy

Original Poster:

559 posts

95 months

Wednesday 19th June 2019
quotequote all
So, there were 2 candidates at the final round including myself. I believe it was close. So I got the job! The new company want me to start in 1 month. The other candidate had a shorter notice period however they still went with me.

They need someone on the ground to do work for a presentation in September hence need to get someone in sooner rather than later.

I will get the contract tomorrow and all being well will resign on Friday. I will be giving them 4 weeks max. Take it or leave it.

I strongly disagree with companies will wait. There are plenty of candidates in the market which means if you have 3 months notice they can find someone with 3 weeks. They hire because they need someone in. All my jobs I've had have wanted me in within 1-2 months at most. Ive started within 4 weeks usually.

It will be tough as the FD will want me in for 3 months. I will say you're saving paying me redundancy. Get a contractor in for less money and you're doing fine.

Terminator X

19,573 posts

227 months

Wednesday 19th June 2019
quotequote all
Tricky one as your contract will say 3 months notice and if you didn't like it at the time you should have negotiated it down surely?

TX.

DanL

6,585 posts

288 months

Wednesday 19th June 2019
quotequote all
Well done on the job offer. smile

From having read various threads on here, you are taking a risk by not working your notice period. Do you have a clause in your contract about not working for a competitor for a period of time? If so, that's also a potential concern... Obviously you'd want them to let you off that, but if you do have one you're now hoping that:
1. They won't chase you for costs incurred due to not working your contracted notice period, and
2. They won't try to enforce a clause that stops you working for a competitor.

... while causing them some inconvenience. Good luck, but what do you plan to do if they don't accept the end date you give them?

Cimaguy

Original Poster:

559 posts

95 months

Wednesday 19th June 2019
quotequote all
Thank you folks.

I agreed to the 3 months notice period as I was told one thing at interview about the job. Had I known the role isnt what it worked out to be I'd walked on by.

Interesting points above on gardening leave. I am an accountant so not close to the clients or accounts. The company can put me on gardening leave but they wish to do so I would say they need to put me on leave straight away which means no handover for them and that would screw them.

I am at their mercy however will need to negotiate hard as they can release me from my 3 months notice period.


Mr Pointy

12,832 posts

182 months

Wednesday 19th June 2019
quotequote all
I think the real question was around non-compete clauses in your contract; is there anything that stops you working for a competitor for a certain period of time?

Countdown

47,368 posts

219 months

Wednesday 19th June 2019
quotequote all
Not specific to Cimaguy.....

I have normally always worked my notice (and sometimes gone back to help out afterwards if needed). There was only one role where I effectively walked out not doing my full 3 months...it was a really well-paid role but the CEO was a 24-carat evil bd. I may have mentioned him before - he wanted ME to sack a junior member of staff because she dared to get pregnant (and when i said I wouldnt do it he'd have to do it himself he said i was scared of having difficult conversations. he was a bully basically). I put up with him for 2 years before I effectively walked out. I felt bad for leaving my team in the lurch but sometimes your own sanity has to take precedence.

Long story short - if you don't appreciate your staff don't be surprised if they don't care about you.

Cimaguy

Original Poster:

559 posts

95 months

Thursday 20th June 2019
quotequote all
Countdown said:
Long story short - if you don't appreciate your staff don't be surprised if they don't care about you.
Well this is exactly why I am leaving. It is the lack of appreciation, no pay rise for all admin/finance staff, no bonus, no communication about the 2 latter point, no transparency on impact on my role post-merger, the fact I've seen the redundancy payoff numbers for my role but it has not been communicated yet, the role actually not being what is was suppose to be and general poor leadership.

I guess at times it hard to understand if the unease is simple moans about work or actually if these are strong enough reasons to move on.

hman

7,497 posts

217 months

Thursday 20th June 2019
quotequote all
Tell your current employer you are going to a direct competitor who you are not going to name as you have agreed with your new employer not to.

Worked for me - 1 month gardening leave and leave your laptop and phone with HR on the way out.

Straight into a new job the following day and paid by two companies at once for a month.

Jasandjules

71,983 posts

252 months

Thursday 20th June 2019
quotequote all
hman said:
Tell your current employer you are going to a direct competitor who you are not going to name as you have agreed with your new employer not to.

Worked for me - 1 month gardening leave and leave your laptop and phone with HR on the way out.

Straight into a new job the following day and paid by two companies at once for a month.
And if you have restrictive covenants?

Countdown

47,368 posts

219 months

Thursday 20th June 2019
quotequote all
hman said:
Tell your current employer you are going to a direct competitor who you are not going to name as you have agreed with your new employer not to.

Worked for me - 1 month gardening leave and leave your laptop and phone with HR on the way out.

Straight into a new job the following day and paid by two companies at once for a month.
Your previous employer was clearly very gullible smile Most aren’t.

Cimaguy

Original Poster:

559 posts

95 months

Monday 24th June 2019
quotequote all
I did think of the above but realised it wouldnt quite work!

I tried to resign on Friday. The FD would accept it and said I didnt formally resign as I didnt hand him a letter. He will be having a word with the CFO tomorrow and will speak to me there after.

Even if my current employer offer me a payrise and promotion I am going to exit. The opportunity is better with the new company. I could be in an COO role within 3 years in the US which is remarkable.

Cimaguy

Original Poster:

559 posts

95 months

Sunday 30th June 2019
quotequote all
So it works out i'm leaving with a 4 weeks notice period. They tried to enforce the 3 months and I told the FD I wasn't happy working at the business. Told him motivation is at an all time low and it is a struggle. I don't want to be in that position any longer. I have 3 weeks left in the business and I'm counting down.

Companies should retain staff during their employment and not when they hand in their resignation.

DanL

6,585 posts

288 months

Sunday 30th June 2019
quotequote all
Cimaguy said:
So it works out i'm leaving with a 4 weeks notice period. They tried to enforce the 3 months and I told the FD I wasn't happy working at the business. Told him motivation is at an all time low and it is a struggle. I don't want to be in that position any longer. I have 3 weeks left in the business and I'm counting down.

Companies should retain staff during their employment and not when they hand in their resignation.
Sounds like a result. Thanks for the update, as so many threads don’t get a conclusion! Good luck in the new role.