I have worked as an electronics engineer for a UK/US defence engineering company for the last 3 years. The company was only set up in the UK so that our only product could be manufactured in the UK and thus meet the contractual requirements of the MOD.
The majority of the senior managers are ex-military and are completely unequipped to deal with the real world. Sadly, my manager is one of these. His response to any issue to to swear and storm around, he always needs to be an alpha male. I've never worked for such a disorganised and uncaring company and I desperately want to leave.....
So I got another job.
The problem is that I need to leave within the next 6 weeks and my notice period is 2 calendar months. The other company are great but can't be flexible. They want me and I want to work for them so how do I get out of my contract early?
I've got 6 days holiday left but my manager said he will not let me take it. Even if he did I need another 5 days. Please help!
2007-03-27 11:08:22 · 5 answers · asked by Claire F 1 in Business & Finance ➔ Careers & Employment
Good for you!
Right, UK law. The Employment Rights Act 1996 sets out the minimum requirement for notice period which is one week to every year of service up to a mxaimum of 12 weeks (so the minimum service you have to give is 3 weeks, although your employer has increased this which is very common).The idea of notice is to give both the employer and the employee protection should either party terminate the contract - for whatever reason.
Breach of contract.
The fundamentals of it:If you leave early than your 2 months/8weeks notice you will technically be in breach of your contract because you are breaking the contract not in accordnace with the terms you have agreed on it.
What can the employer do?
The employer can sue you for any mitigating loss the company has incurred because you are leaving early. They can include agency costs etc but cannot include recruitment costs because they would have to do that anyway-whenever you left. If this were to go as far a tribunal (which to be fair is very unlikely, but could happen which is why i'm saying it) the tribunal can award these costs to your employer at your expense. But look at it this way.... research suggests that each time a company goes to tribunal it costs them between £5,000-8,000 in legal advice, management time etc. If you can give 6 weeks notice (which is more than reasonable as by law it suggests a minimum of 3 weeks) and you have over a weeks holiday left (assuming this is holiday that you have accrued and entitled to) then we are only really talking about 4 days lost here....are they really going to bother with that? I dont think they would.
References.
Yes, it could affect your reference, but there is an implied duty on your employer to provide a true and accurate reference. If they gave a false reference, they are liable for damages if a new employer took you on because if was very very good but false, or you can sue for damages if it was very poor and false and lost you a job. Therefore, most organisations these days either dont bother asking for them, or write just the start dates, end dates and job title becuase they are afraid to write anything else.
Summary.
If you were asking me personally, leave your job as late as you can so that you can start your new job. Your current employer cant do a lot about it!
Good Luck!
2007-03-27 21:55:52 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The length of your notice is completely up to you. It's actually rediculas for your present employer to expect you to give 2 full months' notice for the reason you've just stated: No new job is going to be that flexible.
The only thing you face by leaving early is that you'll have a bad reference on your resume. On the other hand, most employers mostly look at the last job you've held... so if you leave your new job on good terms, you have little to worry about. This is assuming you take another job other than your new prospect in the future, of course; if your new job is career-worthy and you decide to stay put, none of this is an issue.
Also, you risk losing any severance package you might be entitled to had you followed the rules of your old employer. But 401K plans should still be "rollable," and you should still have a time period to either buy or sell any stock options if your old employer had offered them to you.
I'd drop a two weeks' notice to your present employer, and notify your new employer that you can start on the date your notice ends. This way, if your present employer decides to fire you or let you go early, you'll only drown for two weeks without a salary before starting your new job. And two weeks really is adequate for your old employer to find a replacement.
2007-03-27 11:25:08 · answer #2 · answered by writersblock73 6 · 0⤊ 0⤋
Not Working Notice Period
2016-10-06 12:49:11 · answer #3 · answered by ? 4 · 0⤊ 0⤋
just leave. you already have the other job, and your present employer knows you are going so just go. you obviously don't need a reference from them. my bf has done this with no consequences at all. just enjoy your new job. good luck
2007-03-27 11:15:17 · answer #4 · answered by ? 3 · 0⤊ 1⤋
they will only take out one of your two BALLS!
dont worry it wont hurt!
2007-03-27 14:38:15 · answer #5 · answered by bluecow 5 · 0⤊ 0⤋