Notice Periods

[looby76]

I've just got a new job but i'm under a 12 week notice period with my current employer. I've asked to leave in 5 weeks, although my boss now says i have to stay for 7 weeks as he wants to go on holiday, although he didn't have this booked when i resigned. Is there anything I can do to get out in 5 weeks?

[thugulike]

If you leave after 5 weeks, technically you are in breach of contract. But, you have to think of what the remedy would be. Will your boss take out a court case against you? I doubt it. The most important factor is the reference he would provide. I know you already have a new job, did he provide a reference for that? Are you likely to need his reference again?

[scoobydooby]

You could explain the situation to your new employers. They may be prepared to take the risk of a non-reference (your current employer is not allowed to give you a bad one) for you to start with them sooner, rather than later. Everyone's human and if they've decided you're right for the job (through assessments and interview) - they may understand your predicament. If your boss originally accepted the 5 weeks, he wouldn't have a leg to stand on if he took you to court - but you'd need proof.

[atolhurst]

I agree with scooby. Speak to your new employer and explain the situation and see how they would like to proceed. Say you'd be happy to leave in 5 weeks if thats what they want but then obviously this may affect the referencing situation.

[Sasha13]

OK - couple of bits wrong in the information given so far.


Firstly - you say you've just started your job. Are you still in a trial period? If so, your notice period is likely to be very much reduced so first step is to check that.

Secondly - there is NOTHING to say an employer cannot give a bad reference. It just doesn't happen very often because employers need to be able to back up what they are saying with facts to avoid being sued. So for example an emloyer couldn't say that someone was rude and lazy (without having specific examples - and even then it's dodgy as it's subjective). But they are well within their rights to state that someone was sacked or left employment without serving the correct notice period.

Check your contract out and let us know what it says about trial periods.