New job

I’ve been offered a new job that I really want, the new employer wants me to start before my notice period has expired, contractually 3mth, they want me to start 2mth at the latest.

I’ve handed in my notice, with the wish to leave early, but they’re saying they may want me to work my full notice for ‘business reasons’. They’ve since had a meeting with my team, confirming I am leaving and also confirming that they are not replacing me, nor are they replacing one of my team who left a fortnight ago.

What’s the risk of me unilaterally pulling the plug? I could max sick, annual and dependant leave out if they do want to be massively awkward. Any advice gratefully received.

If they need you for business reasons… do they want two months of you helping them out to the best of your abilities, or three months of you cruising in neutral? That seems like the choice they face.

The legal advice I have been given when the shoe was on the other foot, was that it is not only practically impossible to make someone work who doesn’t want to, it has virtually no real mechanism to recover your (as an employer) losses if they just don’t turn up.  The only sanction we were offered was a very factual negative reference if it should be requested – but of course at least for the next job that would be no concern.  I think theoretically we could withhold salary, but our lawyer said if they disappear right after a payroll you are basically powerless short of suing them which no sane person would do because of the costs and management time involved.

That said I wouldn’t encourage it – everyone on our team knew that guy let us down, and in a relatively small circle that news spread.  He even had the cheek to apply to come back 4 yrs later… I’ve never taken pleasure in sending a rejection email before!

My understanding is that unfair contract terms are unenforceable. Otherwise, they could give you a notice period of ten years. If you’re the CEO then three months might be reasonable, if you’re one of 200 front line customer service reps in a call centre then not so much.

Gotta say though, it’s a bit of a red flag with your new employer if they’re issuing ultimatums before you’ve even started.

Get caught watching grot, you’d be out the door quicker than you could say “John Holmes* rides again”.

*S&M bikes’ Holmes was named after John Holmes because it was the longest frame they made.

Have you asked your current employer why they’re not replacing you? And what work or deliverables are they expecting you to achieve that couldn’t conceivably be done by the end of month two?

Tricky to assess without knowing your line of work or seniority but three months isn’t unusual though because they’re usually relatively senior roles they’re often negotiable. If you did try and jump ship early and your current employer hasn’t notified HMRC of your new end date then you might (though I’ve no experience in this part) being technically employed by both companies.

Personally I’d start again by trying to properly negotiate an early release with your company.

If your contract says three months and the new employer knew that upon hiring I would be questioning why they think you can start within three months.

I think theoretically we could withhold salary

Leaving without notice, you don’t need to pay them for hours/time they didn’t turn up.

Actually withholding salary because they are doing nob all while actually still turning up is very illegal though as it isn’t one of the (limited) grounds for withholding wages.

If you’re not being replaced then you’re obviously supernumerary. Do you have this statement in writing? I’m surprised they still have you there!

Does your new, prospective, employer know you have a 3-month notice period? If so, and they want you to break it, then this could just be desperation on their part because you are such a unicorn. On the other hand, it could be a ‘red flag’ as @Cougar2 puts it. Why was the post open? What happened to the last incumbent?

As long as you have not yet accepted or proposed the 3-month notice period and are still in negotiation then you do have the option to work as much of that as you want and then not turn up and tell them you are done. Expect no more pay and benefits after that day and expect wailing, gnashing of teeth, and potential immediate threats and subsequent informal recriminations as folks have described.

For your new employer tell them that it’ll be 3-months. That your word is your bond etc. and that it would take a Herculean amount of persuasion on their part for you to push against the expressed interests of your current employer given the potential reputational and future consequences. Such Herculean effort would need to include guarantees of unlimited legal defense, a significant conscience-soothing bonus and so forth.

if you plan to ignore the current, not so enforceable, contract and reveal yourself as a contract-breaking snake (wink emoji) then why not stop after 2 pay periods and take the rest as a gap before turning up, as expected, at the new place having already ‘won’ at the game?

Most of my colleagues are in ‘work at will’ states. They are sometimes perplexed at the hold UK employers have over their employees with 1, 2, 3, and more month notice periods.

don’t think I’ve had less than a 3-month notice period since 2000 and had a 6-month period for several years in the 2010s. ‘Sadly’ I am not a CEO or other C-suite executive.

Thanks guys. Further context, job I am going to is replacing a very good friend who has been promoted who desperately wanted me to come in and pick up the role. Current job is a proverbial nightmare; no resource but increasing workloads (losing experienced team members due to ridiculous work loads and replacement with graduates), expectation of working more than contracted hours (I’ve been working to rule for 6mth), no support from SLT including one SLT screaming at me and wagging her finger in my face because I wouldn’t do her teams work anymore and a report to MD that resulted in ‘well it’s your word against hers’ response.
So, I want out for mental health, never mind anything else. I’ve honestly never been through anything like it. New role is a pay cut, but an opportunity to breathe and rebuild.

Re them not replacing me, I have 4 remaining team members who told me independently about not replacing, so it should make life easier if I turn the screw a little. I certainly don’t want to be stroppy, but the current situation was untenable and I may just have to be to extricate myself.

confirming that they are not replacing me

I missed this.

This being the case, I’d work two weeks’ notice and then have a six week holiday before starting at the new place. If they give you any shit tell them you’re considering asking the GP to be signed off for work-related stress. Happy Christmas.

It’s nigh on impossible to prove, but tell them you’ll do two months and not make a grievance against the SLT member or claim constructive dismissal for the running down of your team and impossible workloads.

It’s bluffing, but if you’re going to burn bridges, use a decent accelerant.

It’s nigh on impossible to prove, but tell them you’ll do two months and not make a grievance against the SLT member or claim constructive dismissal for the running down of your team and impossible workloads.

It’s bluffing, but if you’re going to burn bridges, use a decent accelerant.

And if they call your bluff, you’ll be ideally place to get signed off sick, as they *will* make your life a living hell. For as long as it takes to get a Drs appointment, especially if you’re already up against it.

Just tell them when you’re finishing, end.

Notice period is fundamentally a negotiation; stick to your original ‘offer’ – as others above have pointed out, they can’t force you to come in.

But, don’t be a dick and leave ‘owing’ them salary – so best to ensure you leave on the last day of your pay period.

How much notice does the new job expect from you? I work in an industry where at this level, 3 months is standard. Was offered a new job recently but one of the red flags was that they wanted me to commit to 3 months notice, but give the current job less than 2.

How do you feel about burning bridges? You’ll never go back to that company, but will it impact any reputational value?

I’ve overlapped two job by a month previous due to having enough toil and annual leave. Caused no issue other than a big hit on PAYE.

What would the new company say if you had to stick to the 3 months? Is it a “want” or a “must” on their part?

Having left a job that was impacting my mental health a couple of years ago, I found working my notice period was the start of my recovery.

You’ve had the perfect advice from MoreCash above, except don’t make it a bluff. You have a LOT of leverage and can legitimately claim a mental health reason if you choose not to work the full 3 months. Raising a grievance now would be a very effective way of focusing their minds.

*S&M bikes’ Holmes was named after John Holmes because it was the longest frame they made.

You forgetting about their “King Dong” frame?