I wanted to leave my job at the end of the week. Boss refused saying I had to work a month's notice. I refused and said I was leaving on Friday. He still told me I couldn't.
I left work on the Friday and never went back.
This is where the story ends.
I told my boss I’m done this week, gonna leave on Friday night
He said “Nah, you gotta stay a month,” I said “Yeah, not this time”
He tried to tell me I can’t go, said that I’m outta line
I clocked out Friday, never came back
This is where the story ends.
If it makes you feel any better, the song that went into my head at that sentence was not Avril Lavigne's but Here's Where The Story Ends by The Sundays, which came out in 1990.
Dude!
That's how it works.
1. Police look younger.
2. New Music hurts your ears
3. Start to mumble to yourself things like '' It wasn't like that in my day'' or ''They don't know what good music is'' or ''What's the world coming to'' etc.
You have got to the top of the hill and turned the corner!
It was my eldest's parents' evening last night. There were several teachers who seemed really young to me. That's not a bad thing because they were all incredibly enthusiastic, but it did make me feel old!
Right? That hurt me deep in my soul... one of the most famous songs of my time.
I mean, I knew I was old from other comments but this one is so horrific because it was such a big hit.
>I mean, I knew I was old from other comments but this one is so horrific because it was such a big hit.
It's even worse for me because I considered that a teenager's song **when it came out!**
It's just a job,
I'm just a grunt,
But I've got six months no-tice
I speak to my boss
He turns up his nose
He says there's no get-out clause
It is a stupid job
And I just want to leave
Won't you please please let me go?
This is why when it comes to IT staff especially IT Admins, you NEVER tell them they have to work their full notice period, you say yes to them leaving on Friday and leave it at that, espcially if you want your network to still be working!
We know all of your secrets.
boss: youre contracted to come in for the full month of your notice
https://preview.redd.it/pl4pf15v4bfg1.jpeg?width=563&format=pjpg&auto=webp&s=fc2d35fcab2554550054437b044a18bc9139d726
Old colleague of mine did this, we have 3mth notice but he gave the manager a months notice as he was moving to Spain & retiring early. She got mad and told him he had to work the full 3mths.
I still remember with fondness the sound of his laughter as he calmly left her office
I remember they also told him later that he’d be marked as a “bad leaver” that could affect his reference. He laughed at that too as he reminded them he was retiring lmao
Honestly, it really was a beautiful moment. He was a really nice bloke too & I hope he’s still enjoying a glass of red on his veranda in Spain randomly laughing again as he recalls that moment
They could pursue you for the cost difference between a temp and you for the duration of the notice period, with a six month notice period it would be particularly worthwhile them doing that.
The court could find that a 6 month notice period is unreasonable and unfair to the employee so they run the risk of having to pay not only their own but the employees legal costs as well. Too much risk for a business and too much hassle.
Exception is if the employee was the only person with the nuclear codes and was the only person alive who knew how to operate them.
There's a few scenarios where they can genuinely claim money back, but the cost of lawyers and arbitration aren't reclaimable, so the benefit is minimal.
My current company reclaimed from a guy who walked out mid-job while posted halfway around the world. We had to fly out someone else to cover his work, and the flights were the majority of what we were able to claim for.
I had similar albeit two weeks vs I'd been told the new job started in a week and a half.
I offered to work more shifts to make it up, so I did the right total hours.
"You have to work the full two weeks."
"I'm not working the full two weeks."
"But you ..."
"Totally your choice, any shifts beyond date x, I won't be attending".
They saw my point of view.
I actually did stay working some weekends with them to earn some extra cash in the end.
If a workplace wants you, they'll hire a contractor to cover your leave period if they urgently need someone in, or just wait for you.
You shouldn't quit a job before looking for a new one if you can help it anyway.
When you give notice you can request to shorten the leave period to 3 months.
If you start writing handover documents and documentation now, you can argue that you've prepared to allow for BAU to continue with your absence, and that you've wrapped up all major projects or the next steps are clearly defined for them to hire a replacement within the 3 months.
If you're in a very senior position, 6 months notice is normal at that level, and if you were being hired for similar seniority, recruitment will not flinch at it.
Just to add a different angle, I had to work a 1 year notice period (government job, non-negotiable). It definitely had the effect of keeping me there for longer than I wanted to be, but eventually I was brave enough to do it. Was a very nervous few months looking for a new job with nothing to fall back on, but it all worked out in the end and I'm so glad I did it. Be brave, OP.
It surely does depend on your skill set / career path, but you absolutely will be considered regardless of the 6 month notice period for many jobs.
Don't let that stop you applying and interviewing. You don't always have to disclose notice period early on in the process anyway. There will be some jobs that say no to you because of your notice period, but not all of them. Some will be perfectly ok waiting 6 months for you, companies work on very different timeframes.
As others have said you should also tell potential future employers that you think you'll be able to negotiate that down - say that confidently, regardless of your actual confidence level.
3 months notice is not that unusual these days for professional roles, and there is a good chance you will be able to negotiate at least that much. Your negotiation with your current employer on that front will go much smoother if you present a succession plan right from the off: who are you going to hand over each aspect of your role to, how long will the training/handover take, if they need to recruit then what should the job description look like. I'd probably open the negotiation by asking for 1 month notice, even though that's a huge jump from 6, and then see how the negotiation goes from there.
But just to be clear, you don't mention anything to your current employer until you have signed a contract of employment for the new job!
Definitely worth seeing if they will reduce it. (Unless they will put you on gardening leave? In which case you can do a lot of gardening in 6 months ;) ).
It might be worth checking with ACAS as your employment rights should be protected by TUPE.
https://www.acas.org.uk/tupe/advice-for-employers-and-employees
This happened to me, they have to take you on with your existing contract terms, I was offered a new contract with them saying it was a better offering, known as betterment but I refused to sign and kept my existing contract. One of the terms in the contract was my notice period which increased from one month to six months.
I handed in my notice under my old contract and added on unspent holiday to get out earlier.
If you are aware of anyone else who had the same notice period but wasn't held to it, the company cannot compel you to work out the full notice. If they tried to take action against you they'd lose as they're holding you to a different standard.
A notice period is a negotiation. They might hold you to six months, but they are unlikely to want to pay you for that long if you are sat with your feet on the desk taking the proverbial…
This is another option. Resign and do as little as possible for a few months before starting to look for a new job. They can’t fire you during your notice period?
Gave my first workplace the choice of me giving 3 months notice (in the contract) or 2 - but if I were to work 3, I would not be documenting for handover.
Ironically, in my last workplace, I gave them 2 weeks extra notice than was contractually needed so I could finish up work I wanted to complete and handover.
My own 3 month notice period was a battle to get it down to two months. Sadly I'm in a small industry and there were connections between the employers, so I had less leverage than I'd have wanted.
I was like: "just let me blummin go!'
Are you a senior manager or director? If not then 6 months notice is ridiculous. Those types of notice periods are normally for the higher ups whose leaving has a significant impact on the business.
So if you're a low to mid level employee then just leave. They won't take you to court, I've never worked a full notice period and never even had legal action mentioned let alone enforced. Notice periods are nothing more than a courtesy from your side and a way to not burn bridges if you ever want to go back.
The alternative option is to submit your notice, and land a new job in time for the 6 months being up.
HR here
Just ask. If they’re reasonable they’ll help you out or at least reduce the time as much as they can without screwing themselves operationally. If they’re say no, just leave. A 6 mo notice period is not enforceable
Second this. My last two jobs have both had 3 month notice periods. A new employer will respect a longer notice if you are the right fit. Perhaps you could ask for a new job offer be subject to a reduced notice period if it feels like it’s touch and go? That way you can be transparent with everybody. Either way, I’d strongly advise not handing your notice in without a signed contract of employment from your new employer.
There will be some equivalent roles out there (in terms of seniority and/or specialism) with similar notice periods, so you may find that some prospective employers don’t mind. Saying that – it is still a long chunk of time! I’ve known people who’ve found themselves in similar situations – albeit with shorter notice periods than that – and a couple of them handed their notice in before they’d actually found new jobs. It’s not without risk, of course, so it’s certainly not something I would outright recommend doing without knowing all the variables – but they were able to continue with their job hunts while their ‘notice periods’ essentially decreased. They also tried to avoid taking too much of any left over annual leave so that they could whittle the notice down further by a smidge if needed.
One person found another role and their new employer was happy with her having 2 months notice (it was previously 3, which isn’t too bad, but it had caused her to lose out on a couple of roles simply because companies had needed people to start sooner). It took the other a little longer to find a new role, but she was still fine! Her team was a little disorganised when it came to advertising her role and hiring a replacement, so she ended up staying on about 6 weeks longer to help in the interim and then assist with a handover. When she left she then had a 3 week break before starting her new role.
You are right.
Bigger notice always advantages the employee. Especially in the current job market where it takes more than 6 months on average to find a new position.
If the kind of company you want to apply for recruit right here and now. Just start your job hunting later in the notice period.
Also if you enter a settlement agreement negociation, the company will have to give you pay in lieu of notice to let you go + your statutory redundancy pay as a minimum at the start of the négociation. Meaning you are already most likely getting at least 7 months of pay when you start negociating !
Or not.
This is literally me right now and they don’t care. However, for OP my new role heard I had a six month notice period and decided it meant I was exceptionally good (I am!) and they were willing to wait.
You’re assuming you can’t get a job and won’t be considered - so did I, until I started looking and actually applying.
Tbf depends on the industry, the business need for new people and skill level. 6 months is a very long time to wait for a 16 year old in McDonald’s but is a reasonable time to wait for a scientist, engineer or CEO with in-demand skills.
When I was a recruiter I saw plenty of 6 month notices but they were mostly people that were either very technical, very senior, or worked or industries where the recruitment process takes a long time (eg security clearance). Long notice only usually puts off companies that imo are not worth working for; if they need someone instantly they should hire a contractor.
My place doesn't know they haven't updated my contract so I'm still on a 4 week notice. The team I manage have 3 months.
If they quit, which is quite likely due to how everything is going, I can run away if the company plans to not hire replacements.
Happened to me in my last place. My contract stated 1 week notice, everyone else had been given new contracts which stated 1 week per year of employment up to a maximum of 3 months.
I'd been there 6 years when I finally got out and gave them 2 weeks notice as one of my colleagues was on leave and I couldn't for shame leave 1 person to do the work of 3. They tried telling me I had to give 6 weeks so just told them to check my contract - love a "shocked pikachu" and they certainly delivered on that front.
It really depends on the level you are at. Mostanagement contracts in corporations are 3 months, seniors can be 6 and csuite I have nonidea but a few I have known have been 12 or 18months.
If you are in that senior or above (I don't mean like senior manager role but a department director level or business stream MD) then places absolutely will wait 6 months as that's what it takes.
If you are not you can always negotiate
I would chat with an employment lawyer to see if this kind of clause (which kind of felt coerced) is even enforceable. You're not an indentured servant: they can't \*make\* you work. I'd be interested to hear what a lawyer would say.
Aggressively quiet quit - embrace a can't do attitude and do the absolute bare minimum that they can't sack you for cause
Do it with bad grace and an utter lack of corporate kool-aid drinking - Call out BS policies, criticize your bosses boss's ideas in public, point out all the ways the firm has gone downhill since the new ownership and for bonus points make a big stink about any changes to your working conditions
Make them **want** to get rid of you but be sufficiently shirty and versed in HR-fu instil a healthy fear of being dragged off to the employment tribunal to steer them towards making you "redundant" instead
That way they'll have to cough a payout and if they've come to hate you there's a decent chance of putting you on garden leave for the notice as well giving you a nice long run out to look for the next job
If you do walk out... make sure you do it just after payday. Also, they might offer you PILON (Payment in lieu of notice), where you get the money but just go. That would be the best because you'd have six months of cash (- tax) in which to find another job. You should also consider the fact that you've been at the same firm for 16 years. Tenure in a weird thing depending on sector and role, it can make you look dependable, or a stick in the mud. Finally, how old are you? That might also be a factor to consider.
I think the original owners were trying to protect you. They know that when companies buy other companies they lay off staff, so they were trying to make sure you were looked after if they decided to lay you off, as the new company would have to honour the six months notice if they decided to make you redundant.
However, if you get a new job, you can negotiate that six months. They will almost certainly let you go with less notice. They are not going to want to pay someone who doesn't want to be there. Certainly not for another six months.
They could have just made an asymmetric notice period, ie 1 month for the employee to give notice and 3 months if the employer gives notice.
I live in Denmark now and this is by law how notice periods work, it isn't set by employment contracts at all.
Likewise they were also being truthful when they said it would help the sale. The new buyers will want to know the key personnel will not all bail on day one.
>The new buyers will want to know the key personnel will not all bail on day one.
This is why you often get retention bonuses. Last acquisition I went through we all got significant bonuses if we stayed a year (or were made redundant before then)
Well, the sooner you give notice, the sooner you leave. It won’t get any shorter if you don’t resign.
And as others say, it can often be negotiated down as well.
Sounds like a very stressful situation, I defiantly wouldn’t speak to your gp about time off work for work related stress, loss of sleep, burn out etc. I would t recommend this whatsoever
You’re not legally obligated too. If you want to be respectful give them a decent warning but then just leave after that. Tell your new employer the notice period is whatever time you decide to give them
I wouldn't sweat it; 6 months notice is what it is, and is pretty common for senior leaders. If you can wait 3 months for a candidate, you can probably wait 6 for a better candidate. 12 is where it gets tricky.
It's going to depend on their existing role. If a company is looking to hire senior leadership they may be prepared to wait, but if they are looking more junior staff it's going to be easier to find comparable people with far shorter notice periods.
Everything is negotiable. The previous employers were protecting you, as the new company has to give you 6 months notice or pay you that notice. But if you want to leave, speak to HR and your management. You may end up comprising at 3 months, but that's still better than 6 of you really want to go.
Last year I was in almost the same position as you. 15 years’ service at a highly acquisitive company, and I’d had the 6 month notice period amendment sold to me on the basis that I’d have more notice/payout in the event of redundancy.
I handed my notice in after the stress of the job was affecting my health and I’d decided enough was enough. In the end, they couldn’t find a copy of the amended ‘6 month notice’ contract anywhere that had my signature on it. I worked 3 months as per the only copy that could be located. Sucked to be them :)
As per other comments, they can’t force you to turn up to work. You might not get a brilliant reference, but these days most employers only respond to reference requests to confirm the role specifications and dates of employment. So start the search for your new role and don’t worry too much about the notice period. The best of luck to you :)
I think it depends on the role and sector. In my industry, if you’re going to a competitor you’ll have access to networks and files and emails terminated almost immediately and you’re placed on gardening leave. Alternatively you can see if they’d been open to negotiating if you have something to go to. I think you need to say what you give in those circumstances, e.g., handover documents, training etc.
It's a tough spot, but you're right to see the notice period as a two-way street. Most companies won't want to pay for six months of someone who's checked out, so there's room to negotiate an earlier exit.
I have 6 months notice, no one has had to wait 6 months as it's negotiated. One colleague was allowed to leave within a week, but he was a difficult person to work with and it was easier to be short staffed than deal with him doing nothing for a month.
When you say your employer renewed your contract, did you physically sign it? If you didn't, you can basically ignore it as the old one is the valid one.
I know some people say I’m leaving at the end of the week or whatever, when they’ve got a long notice period. That could be considered taking the piss a little. I suppose you could look for another job under a 3 month notice period, and just push your luck with that. An alternative would be to become really shit and cause a few issues, they might put you on garden leave - that would be nice.
That is... Too much notice.
You can leave as you please really... It's just depends how the employer responds to the butthurt... Will they sue you? Most companies do not want the hassle of doing this... But some will. Also, will payroll continue if you just decide to not serve full notice? Will they refuse to issue a p45 until the bitter end? Little logistical things will make this a pain.
As others said... Negotiate notice, but this will immediately put them on alert that you are looking to leave.
People I've worked with gave notice, then took all their holiday. When they came back from holiday they worked for a week then went on medical leave for a month. While it doesn't exactly fit your notice period, it helps. You mention feeling stressed, I'd play that up at the doctor's.
If I were you I'd start job hunting and worry about it when you get an offer. The new employer may be willing to wait longer than you expect and the old one might let you go sooner.
Otherwise, all you can do is hand in your notice and start looking or get another job and leave early.
Personally, I'd be surprised if they would want to keep paying someone in post for six months who is leaving and doesn't want to be there.
They'll want to get on with hiring your replacement not trapping you like a fly in aspic.
Just give a reasonable notice and stop showing up.
You've broken the contract, they can keep paying you if they want, but doubt they will.
If it was the other way around, you wouldn't be given any notice!
Start looking for work now, make sure the CV is updated and all the skills are in there. Is your job something reasonably niche? If so it’s oddly easier to get work (from my experience at least) also talk to recruiters for your sector/ industry they are very helpful too. And as for the notice period, just tell them you’re giving them 3 months (or less depending on what is reasonable for your role) and leave. Do it with grace, make sure handover notes are good, projects are closed or easily picked up by the next person and you leave any equipment that’s there’s in your desk/ with HR/ your manager.
All they can do is withhold a reference and you can assumedly get one from the old owners for your long service. Crack on, you're not their indentured servant.
I have been in the same situation and there are multiple options as other people said:
One could be to negotiate a shorter notice period.
A second one, this happens in larger organizations or specific fields like F1. You get put on garden leave and are asked not to go to work and stay at home for 6 months.
The third option is to keep working for those six months, if you are working with sensitive information you will be asked to join another team. During this time you can be patient to see what you really want to do and see what it is available out there, also could develop a new skill. When you have 3 or 2 months left, you can start applying to other companies and no one should have an issue with those notice periods if you are on some senior level role.
Why do you think you won't find a job within 6 months?
If it's really that difficult then maybe you need to just make the most of it or try to improve it by requesting reasonable changes.
If it's not and you're just unduly worried, then you need to just bite the bullet and decide if it's worth just handing in your notice anyway.
You can then start looking for a role, knowing that the majority of the time you can negotiate the notice period down anyway.
And secondly, your current employers may realise how much they need you and make big changes to persuade you to stay - and then you can rescind your resignation.
I've been made redundant 4 times in my 30 year career and each time I've found a job within 8 weeks and been much happier.
I don't know your sector but in general the world out there is not as scary as you think it might be.
You are an employee not a slave. What do you think the company will do? Drag you in? This is the UK not USA. Just tell them you are leaving or go to the doctor and get a sick note for stress.
When you have been conditioned to be controlled by employers it’s very difficult to realise you have a lot more control over your own life around work.
If you hate it, you have to prioritise your own burn out and mental health. That could be finding a new job and negotiating a shorter notice period, getting signed off for 6 months and trying to find a job in that time and negotiate a notice period or you simply find a new job and resign from your current position.
For many years I was “told” to not burn bridges, don’t do this because it might make you unemployable and throughout my years I’ve seen people start shifts and not come back after lunch because they didn’t like it, people quit jobs because they had had enough and I’m sure non of these people were unemployed forever, as I was lead to believe could be the case.
If you resign, you may burn a bridge. They may refuse to give a reference so make sure you have others lined up. But honestly if your work is making you miserable, please do what’s right for you. Employers are much more understanding these days about people leaving toxic work environments.
For a notice period to be enforceable, it should be around the length it would take to replace the worker.
6 months is too long if you aren't a CEO or something.
the old "you're so important" trick. They claim you're as important as the execs and need similar notice periods whilst you aren't allowed a yearly pay rise similar to one day of that person's pay.
I've negotiated shorter notice periods, listing what needs to be done in the handover etc.
In the end a company is going to want a peaceful and productive notice rather than a disgruntled employee.
Talk to your manager and HR and suggest something that works for you - see if there is common ground.
exactly. I offered to help interview my successor in my previous role, which is quite niche. In return I asked them to drop my notice from 3 to 2 months, and they agreed.
Good companies don’t want drama and aim to have ‘happy’ leavers when possible.
I was that disgruntled employee, I stopped going to the team meeting as soon as I got the new job , and used AI and a freelancer to do some of my work.
I then realised how much of my job I could have outsourced for nothing all along , and then was extra glad to be leaving.
Honestly, I have never left a job with another one lined up. I’ve always just decided that it’s time, handed in my notice and then worked on finding a new one. And six months is a good amount of time to find something new. It’s served me very well, but I realise that’s a risky approach and not for everyone. How is the job market in your sector? Do you have transferable skills? Can you go and see a recruiter and get some advice? Friends you can practice interview skills with? Enough savings to last you a few months in between roles if it takes a bit longer? There are definitely things you can do to improve your chances and nothing motivates like a deadline!
You can leave a company whenever you want. You just risk paying back annual leave in most cases. If youre not bothered then just up and off. You are not a prisoner.
Withhold a reference, and realistically that’s it.
The only other recourse is taking you to court over it, which is absolutely not worth doing to any normal employee.
🤔 so the problem is not being desirable to a new company if you say you have a 6m notice period? The obvious solution to me is hand in your notice then in 2-3 months time, start looking for a new job.
Then by the time you're interviewing you have a 3m period which is standard.
Voilà
Jesus, six months that doesn't sound legal, try asking r/legaladviceuk.
There's no way a court would consider that a fair a contract.
At my place once you resign you're out the door with one months gardening leave.
Check with r/legaladviceuk and a solicitor if you're willing to confirm, but the situation should be like this:
1) If you leave early, the only cost they can get from you is the difference between the cost of you and the cost of the person replacing you. This is generally not a huge amount of money so employers don't both with it given legal fees can easily exceed damages.
2) Even if they do pursue you, the full 6 months notice period likely isn't enforceable if this isn't the norm for your industry and role. It would be a reasonable assumption that the notice required in your previous contract is in line with that.
I had to do three months notice in my last job. It felt like three years. I’d all but tapped out and put the minimum effort in towards the end. But they were never going to do anything but hold me to the three months. I had five days of annual leave which I took right at the end. Was happy to get away.
Line up a new job first, the market is volatile and it's easier to get a job when you have a job.
Also if you have a job interview, inform them, they can't block you from going. As for "notice" not worth the paper it's printed on, the only thing an employer can (and often will) do is withhold accrued holiday pay you haven't used.
Depends on the job - if it's sales, technical or skilled, tell them you have been offered a job at their biggest competitor, who is willing to wait for the six-month notice period.
They will put you on gardening leave immediately to stop you collecting information to pass on to your new employer.
If you don't have a new job to go to, you can use the time to start applying.
You're not. There's rules around contracts , it's not just 'you signed this'. There's protectione against unfair contracts.
It's Extremely unlikely they can hold you to 6months unless youre insanely integral to tye the company which it doesn't sound like you are. Were taking are you the CEO of a major company level, not random sales guy
Six months?! Good lord I was made to work out a three month notice period and it Sam nearly killed me, my boss would not budge. No real advice to offer but good luck!
>I can’t interview for a new job because if I say my notice is 6 months, I’m very unlikely to be considered.
You'd be surprised. Don't let it stop you applying.
In the event that you didn't work your notice period in full, the company would have to be willing to sue you for breach of contract, which is a lot of faff. I believe anyone looking at this contract would consider such a term unreasonable and punitive. Even if a judge agreed that you owed them anything, it would be limited to the losses they had by you not working that notice, and they would have to show that they were genuinely not able to hire for your position.
No position takes six months to fill, so they wouldn't be able to do that.
There's not really much they can do if you walk out without any notice period.
I walked out of a job during a disagreement. I went home, sent them a resignation letter and never saw them again. They paid the salary owing to me and deducted the cost of a training course I'd been on and that was that.
My next employer didn't ask for any references so my career continued unhindered.
I would start job hunting.
When someone offers you a job, then tell them about your 6 month notice period and tell them you're going to negotiate a shorter one with your employer.
That's it.
You're in control of your own life ... you seem scared to take responsibility for you own life, like many employees who have been worn down by their employers dominance.
Same. Told my boss on a Friday i wasn't coming back Monday. I'd had enough so notice period wasn't a consideration. I got paid the days i worked and that was that.
Had a couple of weeks off and got another job. They never asked for references although I would have had them, just not my previous employer!
A legal period of notice applies to the ***employer,*** not to be employee.
Your contract may say your period of notice is six months, but if so, that's binding on your *employer*, not on you.
Legally, you have a right to walk off the job any time you want to: you say "I quit", and you walk out. (This is not an advisable thing to do, under most circumstances, but your employer cannot under most circumstances hold you to a contract which says you've got to give a period of notice.)
Your new employer may well accept that your old employer regarded you as an essential worker and wants to have two months notice: you negotiate your start date accordingly, and ask your new employer "if they agree I can leave early, do you want me to start early?" Get everything nailed down with your new employer.
And honestly, if your new employer says they want you to start sooner, go with start date your new employer wants, so long as you are giving a month's notice to your old employer.
Then you hand in your letter of resignation, noting your end-date is two months away minus any accrued leave, in order to finish up any projects/hand over any notes.
They say "Your contract says six months notice!" and you say "I'm leaving on x date. Please advise how you want me to finish up my time."
They say "You agreed to six months notice!" you say, "I have a job offer starting on X date, so my last day here is Y date. Let's work out a plan for what you want me to get done in that time."
They *know* that six month notice period isn't binding on *you*. They know they can't actually stop you from simply walking out the door. And they know that if they're asked to give a reference and they moan that you walked out "with only two months notice!" that's going to make them look like weird employers, it will not affect you at all.
An employer can sue you for the cost difference between your salary and how much more it costs them to pay someone at short notice to do your job for the remainder of the notice period. In reality this almost never happens.
Exactly.
A company taking a former employee to the local sheriff court to recoup the cost of agency staff is basically making very public that they treat their employees badly and their employees don't trust them. Good legal advice to the company would be "don't even try".
The statutory minimum notice period for an employee is one week after one month's work.
You can find more information about this on ACAS: [https://www.acas.org.uk/notice-periods/notice-when-resigning](https://www.acas.org.uk/notice-periods/notice-when-resigning)
An employer can write a contract and create a contractual obligation on the employee to work a longer period of notice. For very, very senior employees, this is pretty essential - you don't want the CEO to walk out on one week's notice: and there are specific professions - legal and financial - where a long period of notice to allow for truly confidential and thorough handovers is an understood requirement. Nothing in OP's post suggests this applies, though.
*In theory*, OP could be held liable for breach of contract for not agreeing to work a six month period of notice, and their former employer could take them to the sheriff's court to recoup the extra cost of having to hire agency staff.
But as this legal advice page notes: this hardly ever happens - it's genuinely not worth worrying about.
[https://www.furleypage.co.uk/insights/law-updates/notice-periods-and-pitfalls-for-employers-to-avoid/](https://www.furleypage.co.uk/insights/law-updates/notice-periods-and-pitfalls-for-employers-to-avoid/)
OP should start job hunting, discuss the start date with his new employer, and then notify his previous employer. Two months would be generous. Six months is absurd.
True!
But it matches what every employment solicitor I ever spoke to about this situation reiterated: the contract might say you have a long notice period, but - except in exceptional situations - specific professions which OP has not indicated they're part of: if they're the CEO, which the OP didn't mention - it's just not worth worrying about.
My background is HR: what's your background/experience on which you're basing your opinion?
Happy cake day!
I literally witnessed a situation where a senior coder whose contract said three months notice, told their current employer they were leaving on two months notice, and then got barracked by senior management about "making" him work out his three month notice period.
Meeting terminated when coder stood up and said, "well, if you're going to be like that, I'll quit right now: my new employers told me they'd be happy to have me start next week, so I'll let them know."
And he did.
He tanked any reference, but as that company went bust about three years later (I had jumped ship 18 months before it went bust, the people who stayed to the end didn't even get statutory redundancy) I doubt it bothered him much.
Employers - practically speaking - can't hold an employee who wants to go.
Good story. I was exactly in the same position, sadly I was not quite as bold, and did do 2 of 3 months under great duress.
I wish I'd been more ruthless, but I didn't want my new job to get spooked and withdraw the offer.
I've walked out of a job myself. My new employer didn't ask for any references, which is the first time that's ever happened. I guess luck was on my side that day.
I wish more employees stood up for themselves ... people seem really scared of their employers these days and unable to fight their corner. It feels like we have gone backwards about 20 years in terms of employee power ... it seems like the younger generation have no power whatsoever because they are struggling to get the jobs they want.
It was put there to protect you in case you were made redundant at the time of the sale.
I would just ask to shorten it - if they say no, you can just leave anyway. I used to work on HR and I never saw a company try to sue for breach of contract. Just know you would be burning a bridge, which may affect a reference.
[You could always leave as soon as a new employer receives the reference from your existing employer].
In the lower entry levels of my old employer, people would commonly just up sticks as soon as they got a new job.
Another guy from a warehouse on here said he was lucky if you could get people to finish their shift after getting a new job, let alone serve a notice period.
It's one of those rare situations where workers on low incomes have far more leverage on.
6 months is plenty of time to find a job.
If you’re picky then it will be difficult, but if it’s hurting your mental health that bad, just hand in your notice, and take it easy at work.
Hopefully they’ll put you on garden leave and you can just go.
Don’t believe what you hear on /jobsuk. If you listen to them you’d think it’s the apocalypse out there, it’s not. You can find something.
Good luck man!
6 months is somewhat common, particularly for senior positions.
They can often be negotiated also.
There's no real reason, from a notice period manageability perspective, to leave before having a job lined up.
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