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Notice Periods

Grays_1890

Grays_1890

Les Howe
How legally binding are they?

I have a three month one but my next move has been offered but they need me by 11th November for a project.

I know it is likely to be case by case but what is likelihood of being allowed to leave early? Can I just say thank you goodbye myself if worse came to worse?
 
Happened to me a couple of years ago, I just asked to leave early.

Don't over promise things though, you can't magic 12 weeks work into 6.
 
Grays_1890 said:
How legally binding are they?

I have a three month one but my next move has been offered but they need me by 11th November for a project.

I know it is likely to be case by case but what is likelihood of being allowed to leave early? Can I just say thank you goodbye myself if worse came to worse?
Click to expand...

I think its a discretionary thing.

In my firm Ive seen them allow someone to go, to get them out. Ive also seen them put people on gardening leave, serving their notice but not privy to the companies ins and outs. Ive also seen them make someone work a full 6 month notice period just to act the clam.

All you can do is be up front and ask.

They may well see you are going anyway and cut their loses...
 
You need to have a discussion and negotiate. Your current employer may see a benefit in not having to pay you for three months and let you go gladly in one (for example).

If you do just leave without serving notice and they haven’t agreed to this, you can be liable for associated costs. (Replacing you via an agency fee, cost of hiring someone to cover your work etc). All needs to be proved and costs demonstrated legally, but something to be aware of and ideally avoid.

If you are put on garden leave as mentioned above, this has no impact on notice period. You are still in full employment by them and subject to the same contractual terms. You’re just not required in the office - and if they call you at an hours notice to say you are, then you must be available to go in. You’re still being paid by them.

Many contracts state you can’t work another job whilst in their employ. I’ve seen many muppets get this wrong and think they can pull a fast one and start the new job while on garden leave.
This also causes issues with your p45.

My advice is ask your line manager and they’ll need to speak within HR. If you’re not being a dingdong about it, that would maximise your chances!
 
Agree with all the above from @Jon It will need to be a negotiated exit.

Plus, you'd need to be careful of the wording in your contract with your new employer whilst still being legally under contract to your previous employer - there might be a conflict, they might be impacted (operationally or reputationally) by any action your previous employer might take, it might even be fraud if you have declared you are free and unencumbered in signing the new contract.
All at the extreme, but worth weighing up.
 
Jon said:
You need to have a discussion and negotiate. Your current employer may see a benefit in not having to pay you for three months and let you go gladly in one (for example).

If you do just leave without serving notice and they haven’t agreed to this, you can be liable for associated costs. (Replacing you via an agency fee, cost of hiring someone to cover your work etc). All needs to be proved and costs demonstrated legally, but something to be aware of and ideally avoid.

If you are put on garden leave as mentioned above, this has no impact on notice period. You are still in full employment by them and subject to the same contractual terms. You’re just not required in the office - and if they call you at an hours notice to say you are, then you must be available to go in. You’re still being paid by them.

Many contracts state you can’t work another job whilst in their employ. I’ve seen many muppets get this wrong and think they can pull a fast one and start the new job while on garden leave.
This also causes issues with your p45.

My advice is ask your line manager and they’ll need to speak within HR. If you’re not being a dingdong about it, that would maximise your chances!
Click to expand...

Nice one mate!

Pretty much as I had it in my head, I have actually found my replacement who would be perfect for the role. So maybe that would help.
 
Grays_1890 said:
Nice one mate!

Pretty much as I had it in my head, I have actually found my replacement who would be perfect for the role. So maybe that would help.
Click to expand...
Yeah, certainly could ease the transition if they have their NDombele to your Dembele already sorted! :D
 
Must be tempting to put your feet up on the desk and stare into the distance, put a bowl of cheetos on your fat gut and crack open a non-alcoholic six pack and tell your boss you are thinking.., and that you have a new idea for a meditation quiet zone, and that each employee should have a rest break every hour, and just basically cause annoyance.
 
Just say your head is all over the place due to leaving being your boyhood dream and refuse to the job you’re paid to do, works for most footballers...you can then either go full Berbatov by popping back for office parties in a few years time banging on about how much you miss the place and enjoyed working there or go the Keane route if the new place doesn’t rate you and return in 6 month time pretending nothing has changed...
 
Grays_1890 said:
How legally binding are they?

I have a three month one but my next move has been offered but they need me by 11th November for a project.

I know it is likely to be case by case but what is likelihood of being allowed to leave early? Can I just say thank you goodbye myself if worse came to worse?
Click to expand...
So what happened then? Are you starting the new role on Monday?
 
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