Notice Periods

Author
Discussion

AB

Original Poster:

18,435 posts

210 months

Friday 1st May 2009
quotequote all
Here's a situation. Handed in notice, new place want me to start before end of notice period.

Am I legally obliged to work notice period or is it possible for me to waive this right in exchange for not getting paid for it... surely there can't be much to stop me just walking out and not coming back?

PhantomHumper

2,202 posts

205 months

Friday 1st May 2009
quotequote all
I always notice when my OH has hers.

DrTre

12,955 posts

247 months

Friday 1st May 2009
quotequote all
AB said:
Here's a situation. Handed in notice, new place want me to start before end of notice period.

Am I legally obliged to work notice period or is it possible for me to waive this right in exchange for not getting paid for it... surely there can't be much to stop me just walking out and not coming back?
Speak to your current employers, not us?

Neil_H

15,403 posts

266 months

Friday 1st May 2009
quotequote all
AB said:
Here's a situation. Handed in notice, new place want me to start before end of notice period.

Am I legally obliged to work notice period or is it possible for me to waive this right in exchange for not getting paid for it... surely there can't be much to stop me just walking out and not coming back?
I think technically it's breach of contract, but at worst they will probably not pay you your last months salary.

Just tell them you want to leave sooner, they may be glad to get rid of you.

Stu R

21,410 posts

230 months

Friday 1st May 2009
quotequote all
Depends what's in your contract ultimately, but after the first month's work you're obliged to give a week's notice I do believe



Edited by Stu R on Friday 1st May 11:15

AB

Original Poster:

18,435 posts

210 months

Friday 1st May 2009
quotequote all
DrTre said:
AB said:
Here's a situation. Handed in notice, new place want me to start before end of notice period.

Am I legally obliged to work notice period or is it possible for me to waive this right in exchange for not getting paid for it... surely there can't be much to stop me just walking out and not coming back?
Speak to your current employers, not us?
Yeah, thanks for the useful response.

I wanted to know of any repercussions prior to speaking to them.

My contract states 4 weeks notice. I don't want to work here and I don't care if they don't pay me. Simple... or is it?

Rob.

17,911 posts

233 months

Friday 1st May 2009
quotequote all
If it would me I would work it in full so as to leave on the very best terms possible - never burn your bridges and all that.

Firefoot

1,600 posts

232 months

Friday 1st May 2009
quotequote all
It is a breach of contract, but realistically the company is not likely to pursue it unless your leaving without correct notice has significant operational or financial implications for them. They will simply not pay you for any unworked period of notice.

It is worth noting that someone I know left a company having a similar attitude, don't want to give notice, dont want to work there anymore, have something else to go to. Fast forward a year and a job he really wanted came up. The company that he left without notice refused to provide a reference and he didn't get the job he really wanted.

There is doubt these things can come back and bite you some times.

Mag1calTrev0r

6,481 posts

244 months

Friday 1st May 2009
quotequote all
I'd be inclined to ask your current company. Just say that the new company has expressed an interest in your starting early and see if it's feasible. Say that you understand your obligations to the current company but if you can handover quickly and efficiently then would they be ok with it.

They may be glad to not have to pay you for 2/3/4 weeks in the current financial 'climate'.

Legally I believe that you could, in theory, be done for breach of contract. But saying that it would cost the company too much to even bother doing it unless you're at director level. Saying, they could be difficult if it came to getting a reference so it's not really worth it.

Vee

3,107 posts

249 months

Friday 1st May 2009
quotequote all
AB said:
DrTre said:
AB said:
Here's a situation. Handed in notice, new place want me to start before end of notice period.

Am I legally obliged to work notice period or is it possible for me to waive this right in exchange for not getting paid for it... surely there can't be much to stop me just walking out and not coming back?
Speak to your current employers, not us?
Yeah, thanks for the useful response.

I wanted to know of any repercussions prior to speaking to them.

My contract states 4 weeks notice. I don't want to work here and I don't care if they don't pay me. Simple... or is it?
Of course they can't force you.
However, you may want to consider your longer term future . . . get yourself a bad name in a industry and it can give you problems in future.
If THEY wanted to terminate you'd want your 4 weeks paid notice wouldn't you ?

edwardsje

32,165 posts

238 months

Saturday 2nd May 2009
quotequote all
Vee said:
AB said:
DrTre said:
AB said:
Here's a situation. Handed in notice, new place want me to start before end of notice period.

Am I legally obliged to work notice period or is it possible for me to waive this right in exchange for not getting paid for it... surely there can't be much to stop me just walking out and not coming back?
Speak to your current employers, not us?
Yeah, thanks for the useful response.

I wanted to know of any repercussions prior to speaking to them.

My contract states 4 weeks notice. I don't want to work here and I don't care if they don't pay me. Simple... or is it?
Of course they can't force you.
However, you may want to consider your longer term future . . . get yourself a bad name in a industry and it can give you problems in future.
If THEY wanted to terminate you'd want your 4 weeks paid notice wouldn't you ?
Avtually, technically they could, but they would have to apply for an injunction and have a bloody good argument. I've only seen it done once in my career in very specific circumstances.

Steve UK

290 posts

201 months

Saturday 2nd May 2009
quotequote all
Rob. said:
If it would me I would work it in full so as to leave on the very best terms possible - never burn your bridges and all that.
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