Employment law - I need to leave before my contracted notice period - advice please.?

Question

I have a 3 month notice period in my NHS contract. I have been offered a new position abroad and want to only serve a months notice. Where do I stand legally? It is not a direct competitor, nothing sensitive so I do not think gardening leave is an issue - but what can the employer do to me and what are my rights as an employee. 3 Months (for a non specialist position - managerial) seems very unfair to me, trapping one in the position. I have worked here for four years and have an excellent relationship with my employer.

In light of all you do-gooders answering in your snide fashion. I haven't signed for my new position and I was aware of my contractual obligations. If anyone with anything constructive to say can respond I'd like to know IF ANYONE HAS ANY ADVICE ON HOW I MIGHT APPORACH THIS - I DON'T NEED TELLING OFF!!! Any help appreciated.

Answer 1

My understanding is that you are only obliged under employment law to give notice equal to one pay period eg if you are paid monthly you must give one months notice. Even if you didn't give that, you would still be legally entitled to any statutory holiday pay accrued (the clue is in the word statutory). One month is sufficient for the purpose of finishing you up on payroll, issuing your p45 etc. If your employer offers any other kind of benefits to leavers (ie if they contribute to a pension fund or if they offer more than the statutory 4 weeks annual leave) this may be affected under the terms of your contract. Short answer; your employer may bleat about breach of contract, but nothing more.

Answer 2

Leaving Before Notice Period

Answer 3

If you have an excellent relationship, and can discuss your new role openly with them, you may be able to negotiate a compromise agreement - this would typically mean that you would forfeit pay in return for less notice period - at the moment, you'll be paid for each of the 3 months, so for every month less notice, you'll be looking at a month's less pay. No promises, but it's up to you to negotiate.

However, it was wrong of you to accept a new position and agree a start date without checking your existing contract - surely you were asked during the selection process what your notice period would be, and you would certainly have been asked for a start date for the nee role, which means one of 2 things: a) you didn't check your existing contract and so were unprepared and un-informed; or b) you lied.

3 months is a fairly standard notice period for managerial positions - not least because it means your employer has to find a suitable replacement for you.

You have a contractual obligation. Fairness doesn't really come in to it - if you didn't check and subsequently negotiate your existing contract before signing, you only really have your self to blame - no-one owes you less notice period.


In light of your recently added comment - people ARE trying to help you - it's great that you've got a new job, in a new country, but you have obligations to uphold first. As I said initially - you need to try and negotiate.

Answer 4

See what the penalties are in the contract. There's a fair chance that three months notice would not be upheld by the courts for this kind of position.

Generally the requirements in in a non-compete contract have to be reasonable as to time, scope of other duties, and geographical area. I don't see any reason why this would be different, unless they gave you some huge incentive at the outset to get you to sign the contract.

Answer 5

I don't see why you shouldn't be able to do that. If your contract stipulates that you have to give one month's notice, but you are unable to work during that period due to illness, and can provide a sick line from your GP, there should be no problem. Not sure about backdating your resignation though. You could also try suing your employer for constructive dismissal.

Answer 6

It's belong the law apply for your contract and the terms of the contract, some country when the employee want to terminate contract, they must have time notice period (ex:30 or 45 days), and they will legally terminate contract, they will receive the amount as a benefit will be caculated base on the time they work for company. But if they violate the time notice they will pay amount for the time violated base on their salary, but they still receive the benefit amount for all time they worked for employer.

Answer 7

Speak with your employer and explain your position. If you have a good relationship with your manager then they might accept your resignation on the terms you are suggesting. If not then you might just have to work up the three months. Not sure what they could do if you left before this time - apart from refuse to give you a reference in the future for breach of contract.

Answer 8

You signed the contract. You have to uphold your end of it!! If it seems unfair, why did you sign the contract?

You are legally obligated to fulfill the terms of your contract. Your employer can and will sue you if you try to leave early. You need to read your contract to see if the specific penalties are outlined in it. You can also speak with your supervisor or HR dept. to work out a deal. They may be willing to let you go early, but you are contractually bound to giving them 3 months notice. If they don't want to play nice, you're just screwed.

Again, why did you sign the contract if you thought it was unfair?

Answer 9

Contact your personnel dept, they should be able to help, as long as you are NOT in a position where it would be difficult to get a replacement. I had a three months notice period, but only gave 2, but I was retiring, but before retirement age, so would come under different rules.