Notice period, can an employer terminate employment early?
Discussion
My wife has been offered a new role, but her new employer doesn't want her to start for two months, however they want to contact her existing employer for references asap. The reason for the two month delay in starting, is that the industry is well regulated (social work) and it will take around 6-8 weeks to sort out the necessary registrations, checks, etc.
However, my wife only has to give one month's notice to her current employer.
She is worried that once they know she is leaving, they will ask her to leave after one month. Can her employer do this?
She has been at her current employer for 14 months and they have a 12 month probationary period. She was told verbally that she will be 'kept on' but this has never been confirmed in writing.
I think she should just give her employer two months notice, and it will be fine.
Does she have anything to be worried about.
However, my wife only has to give one month's notice to her current employer.
She is worried that once they know she is leaving, they will ask her to leave after one month. Can her employer do this?
She has been at her current employer for 14 months and they have a 12 month probationary period. She was told verbally that she will be 'kept on' but this has never been confirmed in writing.
I think she should just give her employer two months notice, and it will be fine.
Does she have anything to be worried about.
It’s theoretically possible to terminate with little chance of recrimination after 14 months’ service.
Best to try and cut a deal with the current employer and new employer.
Be open:
Current employer: (at the latest date possible) I’m about to leave, I want to leave on this date, you will be asked for a reference. What are our options?
Prospective employer: I’m on one months notice. You getting references will trigger a potential termination. Can we speed this up or sort something out?
What if she ‘fails’ the reference check, etc?
Prospective employer must have experience of dealing with this scenario if the process is so long.
Best to try and cut a deal with the current employer and new employer.
Be open:
Current employer: (at the latest date possible) I’m about to leave, I want to leave on this date, you will be asked for a reference. What are our options?
Prospective employer: I’m on one months notice. You getting references will trigger a potential termination. Can we speed this up or sort something out?
What if she ‘fails’ the reference check, etc?
Prospective employer must have experience of dealing with this scenario if the process is so long.
Ask the prospective employer to only seek references after satisfactory registrations and security checks have been completed and not more than 1 month prior to her intended start date. Pretty simple. References are as good as useless these days anyway as no company in their right mind would include anything other than job title and dates of employment. We conduct security checks on potential employees (regulated financial sales) and in reality I've not took an official reference for years, I often tend to know someone who knows someone who would give me honest feedback on the candidate.
Edited by Sy1441 on Wednesday 4th May 14:18
A poster on this forum ages ago thought he was doing his employer a favour by handing in his notice about six weeks before he intended to leave and was promptly told he would be leaving after the required notice period of four weeks. He was unimpressed by this as it meant two weeks without pay and asked for advice if they could change the leaving date he had provided.
A former poster who was an employment law Barrister advised him what the employer had done was perfectly legal much to many peoples surprise (including mine)
A former poster who was an employment law Barrister advised him what the employer had done was perfectly legal much to many peoples surprise (including mine)
I have handed in my 1 month notice this week and I was made aware it would be about 6 weeks before I can start my new role due to references and paperwork etc and they only do onboardings twice a month.
I told my Manager on Thursday that I would be handing in my notice on Tuesday as Monday was Bank holiday. I also told him the reason that I wasn't handing it to him that day was because I wanted to give him a heads up I was leaving so that he didnt just get a resignation letter from me and also it means I cover the holiday the only other guy in my team is on at the end of my notice period.
Referencing at the new place is done by an external agency and as part of the procedure I was able to select the option that I do not give consent for them to contact my previous employer and then select from a number of reasons. I chose not yet handed in notice. I was then asked to give a timeframe when they can next ask for my consent which was no longer than 30 days away.
Nice to see things being done properly, although it is the first time that I have come across an organisation wanting to get a reference from the university I graduated from over 20 years ago!
I told my Manager on Thursday that I would be handing in my notice on Tuesday as Monday was Bank holiday. I also told him the reason that I wasn't handing it to him that day was because I wanted to give him a heads up I was leaving so that he didnt just get a resignation letter from me and also it means I cover the holiday the only other guy in my team is on at the end of my notice period.
Referencing at the new place is done by an external agency and as part of the procedure I was able to select the option that I do not give consent for them to contact my previous employer and then select from a number of reasons. I chose not yet handed in notice. I was then asked to give a timeframe when they can next ask for my consent which was no longer than 30 days away.
Nice to see things being done properly, although it is the first time that I have come across an organisation wanting to get a reference from the university I graduated from over 20 years ago!
Thanks for the replies, really appreciate it.
She has bitten the bullet and put in her notice, but asked her new employer if she can start earlier if possible. She just wants to be straight and give her employer time to sort someone else.
The legal checks won't be an issue, as she refreshed them recently.
Let's see what happens.
She has bitten the bullet and put in her notice, but asked her new employer if she can start earlier if possible. She just wants to be straight and give her employer time to sort someone else.
The legal checks won't be an issue, as she refreshed them recently.
Let's see what happens.
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