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3 month notice period in uk job

3 month notice period in uk job

Old Jul 22nd 2009, 4:00 pm
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Default 3 month notice period in uk job

hey guys

i need some advice.

i've got a job in new zealand that want me to start asap. we have negotiated a start date for 2 months.

i've given my notice in at work in my current uk job and I have 3 months notice period. My boss said, yes it's 3 months but we should be able to let you leave after 2 months provided things are ok (ie new person hired etc).

so lately I had a meeting with my boss and he said yes, all on track for you to leave after 2 months! so I took this to mean all was ok for me to leave with only giving the 2 months notice (and not 3 months). Trouble is, never got this in writing.

now suddenly, i'm due to leave in 3 weeks time and he comes to me to say sorry, we need to re-negotiated your leaving date because new person can't start till 2 months time.

my question is - does anyone know where I stand legally?

what if i just walk out in 3 weeks time (while fully knowing I'm in breach of my orignial contract) but also knowing that my boss did lead me on to thinking I could leave early

oh what a mess - please help.

ps - i don't really want to leave on a bad note - it's not what I am like - plus I would hate to think my boss would get in contact with my new NZ employer and bad mouth me (although reference has already been given, but don't want to risk anything jeapardising my new NZ job).

Last edited by getmethere; Jul 22nd 2009 at 4:04 pm.
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Old Jul 22nd 2009, 6:02 pm
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Default Re: 3 month notice period in uk job

Originally Posted by getmethere View Post
hey guys

i need some advice.

i've got a job in new zealand that want me to start asap. we have negotiated a start date for 2 months.

i've given my notice in at work in my current uk job and I have 3 months notice period. My boss said, yes it's 3 months but we should be able to let you leave after 2 months provided things are ok (ie new person hired etc).

so lately I had a meeting with my boss and he said yes, all on track for you to leave after 2 months! so I took this to mean all was ok for me to leave with only giving the 2 months notice (and not 3 months). Trouble is, never got this in writing.

now suddenly, i'm due to leave in 3 weeks time and he comes to me to say sorry, we need to re-negotiated your leaving date because new person can't start till 2 months time.

my question is - does anyone know where I stand legally?

what if i just walk out in 3 weeks time (while fully knowing I'm in breach of my orignial contract) but also knowing that my boss did lead me on to thinking I could leave early

oh what a mess - please help.

ps - i don't really want to leave on a bad note - it's not what I am like - plus I would hate to think my boss would get in contact with my new NZ employer and bad mouth me (although reference has already been given, but don't want to risk anything jeapardising my new NZ job).




! got a really good job back in march but they wanted me in october and I was no way ready I too have a long notice period and it mean't rushing everyone and everything.
They were really keen for me to start and in the end I wrote a really honest email about my situation and that it wasn't i was interested in other jobs it was my personal circumstances etc.
Unbelievably, they accepted my integraty and honesty and they are waiting for me until April 2010!!!!!!!!! I always think honesty is the best policy
However............... now this is where i try and think out of the box.......................if you were that desperate could you go off sick? stress of the move and everything?
I know its not a nice way to finish but organisationally it seems a pretty spiteful thing to do and if you have a sicknote confirming this they can not bad mouth you????? that would be slander!
Hope this helps
alison x
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Old Jul 22nd 2009, 6:03 pm
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Default Re: 3 month notice period in uk job

Originally Posted by forshy View Post
! got a really good job back in march but they wanted me in october and I was no way ready I too have a long notice period and it mean't rushing everyone and everything.
They were really keen for me to start and in the end I wrote a really honest email about my situation and that it wasn't i was interested in other jobs it was my personal circumstances etc.
Unbelievably, they accepted my integraty and honesty and they are waiting for me until April 2010!!!!!!!!! I always think honesty is the best policy
However............... now this is where i try and think out of the box.......................if you were that desperate could you go off sick? stress of the move and everything?
I know its not a nice way to finish but organisationally it seems a pretty spiteful thing to do and if you have a sicknote confirming this they can not bad mouth you????? that would be slander!
Hope this helps
alison x
sorry for the spelling mistakes! lol
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Old Jul 22nd 2009, 6:32 pm
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Default Re: 3 month notice period in uk job

I can understand you not wanting to leave on a bad note. But based on what you and your boss agreed verbally you have given notice to your NZ employer that you'll be ok to start here on time and I presumed have booked your flights and made all your arrangements? Can you not explain that to your UK boss? If your aim is to settle in NZ and you need the security of the NZ job to do so, I would have thought it would be better to keep the new employer sweet not the UK one.
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Old Jul 22nd 2009, 6:44 pm
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Default Re: 3 month notice period in uk job

yeah, I certainly would rather be in favour with the NZ employer.

I just feel really bad going back to NZ employer now to ask for more time - they already wanted to employer a NZ person and they were quite clear about this at interview and that's why I was suprised to get the job and that they were willing to wait for 2 months to get me! But now I worry that if we ask for more time (a whole extra month) they might withdraw offer. I agree about being honest though, I do worry about doing anything dishonest just because I fear things like that come back to bite you on the butt and I don't want that following me around.

I guess if I tell my UK employer that I just can't (yes, flights have been booked, hotels booked, NZ employer expecting me etc etc) and just walk out, I risk leaving on bad terms but seen as they have already given me a reference I hope that that is all it will come too (except that I will never be able to ask them for a reference again in the future) but does anyone know if they are legally allowed to get in touch with my new company. I just don't want them contacting my new employer - but then I suppose it's their word against mine!

Tough situation to be in really!

Last edited by getmethere; Jul 22nd 2009 at 6:46 pm.
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Old Jul 22nd 2009, 6:58 pm
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Default Re: 3 month notice period in uk job

If it was me I would be honest with both parties. Explain to UK boss that everything has been booked and paid for based on your verbal agreement and that you much as you would like to stay until your replacement starts you simply cant risk losing your NZ job or afford to pay to rebook everything. And email your NZ employer to confirm your flight/accommodation arrangements and add into that email that your UK employer has had a delay in finding your replacement and asked you to stay on but that you are honouring your agreement with them to start your NZ employment on time. That way if your UK employer does attempt to get in touch with your NZ employer, and there really isn't anything to gain by him/her doing so, you've already explained yourself and the reason for any possible disharmony with your UK employer. Hope that makes sense. Good luck whatever you decide.
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Old Jul 22nd 2009, 9:34 pm
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Default Re: 3 month notice period in uk job

Originally Posted by TeamEmbo View Post
If it was me I would be honest with both parties. Explain to UK boss that everything has been booked and paid for based on your verbal agreement and that you much as you would like to stay until your replacement starts you simply cant risk losing your NZ job or afford to pay to rebook everything. And email your NZ employer to confirm your flight/accommodation arrangements and add into that email that your UK employer has had a delay in finding your replacement and asked you to stay on but that you are honouring your agreement with them to start your NZ employment on time. That way if your UK employer does attempt to get in touch with your NZ employer, and there really isn't anything to gain by him/her doing so, you've already explained yourself and the reason for any possible disharmony with your UK employer. Hope that makes sense. Good luck whatever you decide.
agree with sound advice given by Team Embro .... if your open & honest you won't get bitten on the bum!
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Old Jul 23rd 2009, 6:44 am
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Default Re: 3 month notice period in uk job

thanks, that is good advice.

you right, then even if my old boss does contact new employer (which hopefully is unlikely anyway) they'll already know the situation.

ok - sounds like I have a plan!
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Old Jul 23rd 2009, 8:09 am
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Default Re: 3 month notice period in uk job

Yep honesty all the way I'd say...

Eventually, tell the NZ ppl that you've upset your UK boss as you had to tell him to "do one" so at least they know... But, I guess they wont care as long as you get your british self over here asap which is what they want!

I would however write a formal letter to your UK boss CC'ing HR, relating your conversations and the facts that you made plan plus prospective employer is awaiting your arrival asap..

Good luck & keep us posted!
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Old Jul 23rd 2009, 3:55 pm
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Default Re: 3 month notice period in uk job

thanks for advice guys.

ok - step 1: have had a meeting with old boss and explained that can't possibly stay because flights booked etc based on everything that was said previously about getting out of contract early.

Old boss said - well, if that's what you're saying to me now and you are going to be in breach of your contract I need to speak to higher management.

HUH??? suddenly, it's like we never even discussed leaving early????
He said that me leaving early was only ever dependant on him hiring someone first and having someone to do the job while I was gone.

So, I'm gonna wait to see what 'higher management' have to say on the matter before I approach new boss! Fingers crossed they might come back and say it's ok - but if there's a fight, then I'll have to let new boss know - urgh!
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Old Jul 23rd 2009, 4:19 pm
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Default Re: 3 month notice period in uk job

Originally Posted by getmethere View Post
thanks for advice guys.

ok - step 1: have had a meeting with old boss and explained that can't possibly stay because flights booked etc based on everything that was said previously about getting out of contract early.

Old boss said - well, if that's what you're saying to me now and you are going to be in breach of your contract I need to speak to higher management.

HUH??? suddenly, it's like we never even discussed leaving early????
He said that me leaving early was only ever dependant on him hiring someone first and having someone to do the job while I was gone.

So, I'm gonna wait to see what 'higher management' have to say on the matter before I approach new boss! Fingers crossed they might come back and say it's ok - but if there's a fight, then I'll have to let new boss know - urgh!

Turncoat! Is there any way you can spk/write to higher management and put your case forward before boss does..... explain how you had never planned to be in breach of contract but were led to believe that 2mths was ok .... boss not being clear on terms of you leaving before 3mths were up etc. etc.

Your boss may only tell it how he sees it to save his bacon!

hey there you go ....you could always put yourself off sick!!
HTH
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Old Jul 23rd 2009, 4:56 pm
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Default Re: 3 month notice period in uk job

your old boss sounds like a bad boss, you are well out of there
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Old Jul 23rd 2009, 5:52 pm
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Default Re: 3 month notice period in uk job

yeah I actually think calling in sick might be a good idea (and not a lie really as the stress this is causing me is gonna make me ill sooner or later)
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Old Jul 23rd 2009, 9:12 pm
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Default Re: 3 month notice period in uk job

Originally Posted by getmethere View Post
yeah I actually think calling in sick might be a good idea (and not a lie really as the stress this is causing me is gonna make me ill sooner or later)
its good to have options
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Old Jul 23rd 2009, 9:21 pm
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Default Re: 3 month notice period in uk job

Whilst it may be true you are in breach of contract, you should ask your self what the consequences of this breach will be;

a) Your current employer would need to prove the cost of you leaving early which would be very difficult to do.

b) They would have to then sue you for those damages, which they would be unlikely to do as the costs would be high and ....you would be in NZ by the time they did so.

c) they would have to prove that no verbal agreement was in place - basically your word against theirs.

They could go to court but the likelihood is that they wouldn't bother.

....only thing is, you might never be able to work for them again, or get a reference (which many employers don't give these days anyway)
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