Hi Folks

I started working for a very well known consumer products / manufacturing company at the begenning of this year and the job and company have not met my expectations, so I've found another job which I'm really pleased about! My new employer wants me to start in a few weeks time (sooner the better for both of us) BUT my contract states that I have to give / work 3 months notice.

In my resignation letter I said that I wanted to leave @ the end of April (which would equate to roughly 5 weeks notice). I'm prepared to walk out on this date however, what can they do? I don't fancy being hauled in front of the courts! HR dept say it's down to my manager to agree to my early leaving date but he is being a bit SLOW to say the least. I can't stand the bloke actually.

I certainly don't want to be there any second longer than necessary (it's that BAD), so what are my options, etc?

Your advice, etc would be very apprectiated!

Rich

P.S>

What's commuting into London like (on the train) as I'm going to have to start doing that very soon!

The worse thing they can do is withhold your last Month/Weeks pay if you just walk out. Better to get agreement however. Very unlikely they will take you through the courts.

I seem to remember that a notice period is only required for the frequency of payment. So if you are weekly paid then a weeks notice and if you are monthly paid a months notice. I believe (note: I am not a lawyer specialising in Employment law so take this as wild speculation) that a 3 month notice period would be considered an onerous contract condition and is unenforceable under EU law.

One of my previous employers tried to make me work a months notice after I gave him my resignation , I told him that as I was paid weekly I only had to give a weeks notice and that he should go and check , off he went for a couple of hours , came back and I was then asked to leave there and then. The fact that you have only worked at the company for 3 months may well go in your favour but it might well be worth a visit to the C.A.B . As already said the worst would be loss of your last months pay and any holiday pay due

Leave after payday job done.

if you want to get out of the job asap, then you can request to go on "garden leave" without pay. If the company has any sense they will allow this, otherwise you could just drag your heels for a month and get paid to do nothing, your boss will soon get tired of paying you to do nothing!

I'm not a lawyer, a friend is quite high up in HR. If i remember our conversation from a couple of years ago it goes something like this.

Legally there is very little a company can do if you just walk out & you've got to consider how worth their while it is to try and do anything. If you owe them money they can chase you for that. They can write on the reference factually correct information. So if you're paid monthly, you leave at the end of the month, they can moan at you but can't legally get you for anything. The issue you will have is the reference where they can write what you did.

So, how sure are you that you'll like the new job? How much do you hate the current job? How much will you need the reference in a few years time?

ps. look up the companies disciplinary procedures. It should be readily available. It will (hopefully) have a section on disiciplinary action & what happens if you don't turn up for work. Worst case, stop turning up for work. They'll then have to run through the disiciplinary action which will result in you being sacked, thing is ..... if you understand how the process works, you can string it out for a good month or two by which time you'll have resigned anyway

rich you don't seem happy. so take your last pay and go. good luck in your new job and hope it turns out a nice place to work all the best paul

i told my last few emplyers im off to work for the main competitor and they normally put me on garden leave.

good luck with your new job though mate.

everything happens for a reason....

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Originally posted by blockhead_rich
Hi Folks

I started working for a very well known consumer products / manufacturing company at the begenning of this year and the job and company have not met my expectations, so I've found another job which I'm really pleased about! My new employer wants me to start in a few weeks time (sooner the better for both of us) BUT my contract states that I have to give / work 3 months notice.

In my resignation letter I said that I wanted to leave @ the end of April (which would equate to roughly 5 weeks notice). I'm prepared to walk out on this date however, what can they do? I don't fancy being hauled in front of the courts! HR dept say it's down to my manager to agree to my early leaving date but he is being a bit SLOW to say the least. I can't stand the bloke actually.

I certainly don't want to be there any second longer than necessary (it's that BAD), so what are my options, etc?

Your advice, etc would be very apprectiated!

Rich

P.S>

What's commuting into London like (on the train) as I'm going to have to start doing that very soon!

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I can't stand the bloke actually.

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Woooah! Lots of misinfo above (although all based on experience i accept) An employment contract is no different to any other contract. If you breach it you can be sued for damages. If your contract specifies 3 months notice (which is a tad unusual unless you are very senior) then you are contractually obliged to work for that period.

Where a contract fails to specify a notice period then there is an implied term at common law of "reasonable notice" - the usual period in the industry. It is in that context that weekly pay/monthly pay is taken into account as being indicative of what is "reasonable notice. That is overlaid by a statutory minimum notice period imposed by the Employment Rights Act 1996 - basically 1 week for the first 2 years and one extra week per year for the first 12 years. There is NO maximum period. None of this has any significance when there is an agreement either oral or written that specifies the notice period (except for the statutory minimum above).

The reason why many employers do not sue when an employee leaves early is that there is rarely any loss to sue for. If an employee leaves - get another - job done. However that is not always the case. If the employee makes the employer a profit of £1000 per month and the position remains unfilled for a month then there is a loss of £1000 and the employer can certainly sue for it. Equally if the employer has to offer higher pay to get somebody quickly than that is loss that can be sued for. I have dealt with employers suing for the costs of a recruiting agent.

You cannot be forced to work your notice by an injunction but if your contract has a "garden leave clause" you can be prevented from working in competition. You cannot work for anybody else during garden leave.

The practical answer to your problem is not to claim any right to walk out but to negotiate. You might want to hint that a demotivated employee is not going to be much use and may spread dissent in the ranks.

Having said that you could simply take a chance and walk out - you may get away with it but you may well not.

they can do nothing even if they wanted to, I have walked out before after falling out with employers and just got paid up to the day I left. Only down side is don't expect to get back in again, like they say about burning your bridges...

If you have to go before working it then go, forget the scare mongering they can't sue you or do anything whatsoever

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Originally posted by Theshed
Woooah! Lots of misinfo above (although all based on experience i accept) An employment contract is no different to any other contract. If you breach it you can be sued for damages. If your contract specifies 3 months notice (which is a tad unusual unless you are very senior) then you are contractually obliged to work for that period.

Where a contract fails to specify a notice period then there is an implied term at common law of "reasonable notice" - the usual period in the industry. It is in that context that weekly pay/monthly pay is taken into account as being indicative of what is "reasonable notice. That is overlaid by a statutory minimum notice period imposed by the Employment Rights Act 1996 - basically 1 week for the first 2 years and one extra week per year for the first 12 years. There is NO maximum period. None of this has any significance when there is an agreement either oral or written that specifies the notice period (except for the statutory minimum above).

The reason why many employers do not sue when an employee leaves early is that there is rarely any loss to sue for. If an employee leaves - get another - job done. However that is not always the case. If the employee makes the employer a profit of £1000 per month and the position remains unfilled for a month then there is a loss of £1000 and the employer can certainly sue for it. Equally if the employer has to offer higher pay to get somebody quickly than that is loss that can be sued for. I have dealt with employers suing for the costs of a recruiting agent.

You cannot be forced to work your notice by an injunction but if your contract has a "garden leave clause" you can be prevented from working in competition. You cannot work for anybody else during garden leave.

The practical answer to your problem is not to claim any right to walk out but to negotiate. You might want to hint that a demotivated employee is not going to be much use and may spread dissent in the ranks.

Having said that you could simply take a chance and walk out - you may get away with it but you may well not.

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Originally posted by Mr Whippy
they can do nothing even if they wanted to, I have walked out before after falling out with employers and just got paid up to the day I left. Only down side is don't expect to get back in again, like they say about burning your bridges...

If you have to go before working it then go, forget the scare mongering they can't sue you or do anything whatsoever

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Originally posted by MikeR
I'm not a lawyer, a friend is quite high up in HR. If i remember our conversation from a couple of years ago it goes something like this.

Legally there is very little a company can do if you just walk out & you've got to consider how worth their while it is to try and do anything. If you owe them money they can chase you for that. They can write on the reference factually correct information. So if you're paid monthly, you leave at the end of the month, they can moan at you but can't legally get you for anything. The issue you will have is the reference where they can write what you did.

So, how sure are you that you'll like the new job? How much do you hate the current job? How much will you need the reference in a few years time?

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Originally posted by MikeR

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Originally posted by MikeR
I'm not a lawyer, a friend is quite high up in HR. If i remember our conversation from a couple of years ago it goes something like this.

Legally there is very little a company can do if you just walk out & you've got to consider how worth their while it is to try and do anything. If you owe them money they can chase you for that. They can write on the reference factually correct information. So if you're paid monthly, you leave at the end of the month, they can moan at you but can't legally get you for anything. The issue you will have is the reference where they can write what you did.

So, how sure are you that you'll like the new job? How much do you hate the current job? How much will you need the reference in a few years time?

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Another who doesn't

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Originally posted by lewis
Leave after payday job done.

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Thanks for the advice, just have to see what the boss says on Monday....then decideon my next action....

Commuting Colchester to London will take the shine off your new job

Did your initial contract state that your position will become permanent after a 6 month probation period? All ours do and you can walk at any time in that period (we can also sack you with no real excuse!).

To have to work 3 months notice after 3 months employment is ludicrous

My contracted states that I need to give 3 months notice even within my 6 month probationary period! And I agree that this seems a little OTT considering that I've only been there 3 months. I new on day one that I'd made a bad move but I did get a good salary increase so it's been worthwhile (I think).

Have to hope that I get used to the commute but so long as the job is interesting then it will be worth it compared to where I am and what I'm doing now!