Leaving role before notice period ends..?

[yozzer]

Hi all,

I would appreciate some advice regarding leaving a position before completing contractual notice period.

I have managed to get myself a new role, the company I have recently agreed to join would like me to start ASAP, but ideally to start at the beginning of December (for reference I resigned at the start of November & my last working day would be 29th Jan- so 3 months notice)

My current place of work would like me to stay for the full duration of my notice period (3 months), which is fair enough apart from the following:

-They are currently going through redundancy process, I am not one at risk although my role will change in the new structure. It is my view that me starting a new position within the company is pointless for a couple of months, only to hand it over to someone else.

-My current workload is very small, our projects have taken a hit from Covid and the workload is depleted.

- I cannot see how my leaving affects the company financially or in terms of workflow at all.

- My bosses boss (who is making this decision) has serious small man complex, it has been told to me that he is requesting I work full notice 'just because he can'.

My question is really do I put myself at any risk by leaving earlier than my notice period? if so, in what way?

Any advice or experience would be greatly appreciated. Thanks

[fat80b]

Everything can be negotiated. I'd definitely try and sort it out amicably rather than leave in a bad way if possible.

Are you sure it is the bosses boss and not the boss that is behind it? as on paper, it makes little to no sense for them to have you back after Christmas for less than a month.

I'd start with your boss (not the bosses boss) and get him on side. Why would he want a leaver in the team especially if there is redundancy going on and not that much work? You need to find out his actual thoughts on it and not just what he is saying to you.

I'd then write something down (email) pointing out that you have X amount of work left to do, Y days of handover and you'll be twiddling your thumbs from date Z. Based on this, you'd like your agreed last day to be Z+1. Copy in the bosses and the HR lot.

They'd be mad to push beyond this but several managers will do it out of spite.

[NDA]

You could be at risk of legal action (admittedly a very small risk) for breach of contract maybe....

I guess you could phone in ill if you didn't fancy working there anymore, but I probably wouldn't start working at the new place until you were in the clear of your notice period.

You wouldn't receive any further pay from your current employers if you breached your contract.

[anonymous-user]

NDA said:

You wouldn't receive any further pay from your current employers if you breached your contract.

if he left he wouldn't receive future pay but if he left he is still owed what he has worked, that is a legal requirement from OPs information.

Edited by anonymous-user on Tuesday 17th November 11:24

[yozzer]

Thanks for your responses.

My actual boss has (via email to all concerned) said that it is pointless having me stay the full duration of my notice, so he is in agreement with me.

But yes I am trying to get an amicable decision reached but i am only getting January 29th repeated back to me so I feel like I have had their answer, and no movement can be expected.

I am happy with not receiving pay if I left at the end of November, as that would mean I would start at the new place in early December.

Also re. the breach of contract thing, I cant imagine they would persue me legally as I cant see what they would gain, I am not senior enough that my leaving early would cause issues, especially with the workload issue.

[NDA]

yozzer said:

Also re. the breach of contract thing, I cant imagine they would persue me legally as I cant see what they would gain, I am not senior enough that my leaving early would cause issues, especially with the workload issue.

I am sure you are right.... but if they're petty minded enough to keep you working until the last possible moment?

[yozzer]

NDA said:

I am sure you are right.... but if they're petty minded enough to keep you working until the last possible moment?

That's a good point, maybe they would.

In that regard then, what would that look like? What exactly would they be after if they came after me legally?

If I were very senior then I guess it could be cost of replacing me (?) but i am low management and as shown above, I cannot see how it affects them with everything else going on!

[NDA]

yozzer said:

NDA said:

I am sure you are right.... but if they're petty minded enough to keep you working until the last possible moment?

That's a good point, maybe they would.

In that regard then, what would that look like? What exactly would they be after if they came after me legally?

If I were very senior then I guess it could be cost of replacing me (?) but i am low management and as shown above, I cannot see how it affects them with everything else going on!

I reckon you'd get a couple of heavy letters from either in-house counsel (if they're big) and it would eventually fizzle out. But it could add some stress to your life - is it worth it?

You've said there's an element of 'small man syndrome' at play here, my thinking is that this will irritate him and it effectively costs him nothing to have some nasty letters sent to you which you would probably have to answer.

Is it worth the hassle?

My advice (and I really am a chairman and CEO) would be to suck up the notice period with good grace and look forward to the new job.

[yozzer]

Thank you for the honest opinions, I do appreciate it.

[Countdown]

yozzer said:

My question is really do I put myself at any risk by leaving earlier than my notice period? if so, in what way?

Any advice or experience would be greatly appreciated. Thanks

OP - the article below may help.

https://www.slatergordon.co.uk/newsroom/can-i-walk...

Speaking personally I would say it depends on what you feel you "owe" the Company and how they have treated their Employees> I've always been fortunate in that I've respected my immediate Line Managers and have never wanted to leave them in the lurch (so to speak). Apart from one instance where my Line Manager was the CEO. My notice period was 3 months - I told him I'd be leaving after 1.

Unless you are in a very key role and leaving would hurt them because you're irreplaceable I think it's highly unlikely that they would take legal action. IMO it's stupid to keep somebody on who doesn't want to be there.

[edc]

Sell the upside to your boss that he will save 2 month's salary plus benefits.

[yozzer]

Countdown said:

OP - the article below may help.

https://www.slatergordon.co.uk/newsroom/can-i-walk...

Speaking personally I would say it depends on what you feel you "owe" the Company and how they have treated their Employees> I've always been fortunate in that I've respected my immediate Line Managers and have never wanted to leave them in the lurch (so to speak). Apart from one instance where my Line Manager was the CEO. My notice period was 3 months - I told him I'd be leaving after 1.

Unless you are in a very key role and leaving would hurt them because you're irreplaceable I think it's highly unlikely that they would take legal action. IMO it's stupid to keep somebody on who doesn't want to be there.

Thank you for the link.

I am much the same, I have never had issues with mangers or anything like that. Hence why i am asking the question, if I was up to my neck in project work and really needed to be there until end of Jan I would happily do it, I just really don't want to be sat twiddling my thumbs between now and then when I could be starting a new role.

Just for clarity, since Covid my working day has gone from a busy 7-9 hours right down to being able to do my workload within 1 or 2 hours per day, and with no new projects incoming for the foreseeable that wouldn't change in the next 2.5 months to a great degree. Hence the company redundancies.

I have requested another call with bosses boss to go through all of this once more.

[yozzer]

edc said:

Sell the upside to your boss that he will save 2 month's salary plus benefits.

Yes indeed I have, I am the second highest paid in the department (after my immediate boss) so I thought he would appreciate the savings to be honest.

[Muzzer79]

IMO - respect your notice period.

I presume that you have told your new employers that you have three months notice, therefore whilst you can request an early release, you cannot guarantee it?

In which case, they should be expecting you at the start of February and anything earlier is a bonus for them.

It may seem pointless you being there, it may seem unfair but that's your contract. If they made you redundant and you didn't have another job lined up, would you accept only a month's notice (and money) because it seemed pointless to give you more?

I have an ex-colleague who left for another company, different industry. He was on 6 months notice and they made him work every single day of it. You just have to suck it up.

[purplepolarbear]

Could it be related to the redundancy?

- Are they trying to get rid of someone else they don't like and saying it's a redundancy, and if you go the person being made redundant might have a case to be offered your job?

[yozzer]

purplepolarbear said:

Could it be related to the redundancy?

- Are they trying to get rid of someone else they don't like and saying it's a redundancy, and if you go the person being made redundant might have a case to be offered your job?

They are making 62 positions redundant, and have also offered my role to all of those suitable who are at risk. No one has put in for it.
If someone had gone for my role this all would be a lot easier!

They aren't the most caring company in the way they have dealt with the redundancies so I assume that has affected the interest in my position

[yozzer]

As an update to the OP, I have now negotiated a leaving date which is earlier than my full notice, but also suits the needs of the company.

I feel much better to have sorted it without leaving on bad terms.

Thank you to all who contributed to this thread

[NDA]

That sounds a good result....

Good luck in the new role!

[yozzer]

Thank you!

[LukeyP_]

Glad all resolved.

I once worked somewhere and had 1 months notice period in my contract, however I went to the our main software provider and I had to work 3 months notice instead.