A quick Q regards working your notice.
Legally where do you stand, employer wants another 2 months of my life.
I have been in their employ for under a year and really want out as fast as I can, ideas anyone?

What does your contract say?

What does your contract say?

Will the employer you are going to be happy with that?

Do you want to burn bridges?

Under a year.. whats the payoff like… if its not much and two months salary is not something you would miss… I’d leave unless your contract absolutely locks you in…

Otherwise think of it as paid job search time and I think they are obliged to let you do interviews for a new role.

My contract says 2 months min and I am pretty much their workhorse, as in if I go it will leave them up the creek with their 2 juniors doing jobs.I cant stand it anymore and want to take a more relaxed approach to life. Mind is made up and honestly just want ou.

Go sick if you really can’t stand it. Alternatively, tell them why and initiate change…

If the contract says 2 months, thats prob what you’ll have to do unless you can negotiate less. Do you have any holidays to take that will eat into it? There are also 2-3 bank holidays coming up, so thats less time there.

If he really wants out, is there anything to be gained by forcing the OP to stay?

Besides which, really, what’s the worst that realistically could happen if the OP leaves next week?

I have experience of this and your employer would struggle to enforce a lengthy period even if it is in your contract.

I have been in a situation where the employer demanded 3 months as per contract, the employee said 1 month is what you’re getting. The employer said it’s in your contract and the employee said tough. The employer looked into it (big corp with legal) and backed down.

The actual law is as is often the case a bit vague on this and mentions “reasonable” times….

The best solution is just to barter with them so everyone is happy – an employer would usually rather have a happy employee finishing stuff for 1 month than a p*ssed off employee skiving for 2 or 3 months!

Tell them you’ll do the two months, but insist that they address you as Ivor, short for Ivor the Skiver.

If you just want out and don’t care of the consequences, tell them you are resigning with immediate effect. Once you’re paid at the end of March, leave.

your employer would struggle to enforce a lengthy period even if it is in your contract.

This.

Unfair conditions aren’t legally enforceable (otherwise they could demand ten years’ notice). After less than a year’s service I doubt they’d get two months to stick unless you were in a high profile, critical job that would be difficult to backfill.

zokes – Member

Besides which, really, what’s the worst that realistically could happen if the OP leaves next week?

It would be a breach of contract, so the employer could sue the OP for damages.
Of course, trying to prove exactly what loss occurred would be very difficult, so this course of action is unlikely.

It’s always better to try and leave on as good terms as you can.
Just not turning up or going sick is not a good approach.

Best bet is to try and have a civil conversation with them an agree to bring it down. They get a month out of you where you are more motivated, you get less than 2 months which you agreed to by signing your contract.

What you can or can’t do legally is one thing, doing what’s best for you and them is another.

If you really can’t stand it and don’t care about reputation etc then I’d write a letter to say that the position is untenable and you resign with immediate effect – hand back any company stuff and move on.
This for me would really be a last resort, you don’t want to be known for just walking out and not being reasonable.

Basically if you leave before your contracted notice period you will be in breach of contract.

However, this is a civil matter and all your employer could do is sue you for any loss they suffered by you departing early. Generally speaking it is very difficult for them to prove they have suffered a loss and it would cost so much money and time it probably is not worth their while doing so. They would also have to show they did everything they could to mitigate any loss when you left early, such as immediately advertising for a replacement etc.

Generally speaking, for the vast majority of people, leaving early is not really a legal problem but it depends if you don’t mind pi$$ing them off completely and appearing unprofessional.

Do you need them for a reference or is it possible you may want to work for them again?

If you tell your employer that remaining at work to fulfil the full period of notice will cause you psycholgical distress and make you ill then your employer, who has a duty of care for your health and well being would be foolish to try and make you stay and would open themselves up for legal action.
Best having a chat and reaching a mutual compromise.Knowing you are leaving makes the days go a lot quicker and easier.

You don’t mention any genuine medical reason for your inability to see out the contract that you previously agreed to. Do the two months and do it to the best of your ability, anything less would be poor form.

If you tell your employer that remaining at work to fulfil the full period of notice will cause you psycholgical distress and make you ill

Don’t do this.
You’re not a a doctor, or a fortune teller.

Negotiate, don’t issue threats.
Think about what you can offer them that they want out of this situation. Train and delegate tasks to your existing juniors. Look at ways work could be covered by other departments. Help them recruit, so that someone capable fills the position quickly.
Make sure the employers understand that getting a replacement quickly will allow time for an overlap and a smooth handover, for the long term good of their business. But don’t make your leaving conditional on finding the replacement. Help, but it’s their responsibility now.
If they refuse to negotiate, you’re in a stronger position to walk out anyway.

Look at it as paid STW time. Thats what I’ve done when I’ve left jobs and had to work my notice…

I had to do three months notice in a previous job, I actually ‘completed’ the internet in that time 🙂

Today has really dragged. TBH its more of an all their eggs in one basket, as a growing business if that employee leaves then there will be no one to do the work so there’s a bit of guilt going on that the income is based on me pulling my weight for them and completing certain jobs .

However had a chat and it seems they are going to see if i can get out early

Thanks for the input all

Do the two months and do it to the best of your ability, anything less would be poor form.

I’m sure your employer is equally concerned about being seen to do the right thing regarding your employment.