# Do I have to work contracted notice period ?



## flanajb (19 Apr 2010)

I have secured another job (contract role not permanent) and they want me to start within 6 weeks. The issue I have is that my current contract is a 3 month notice period and although I have no responsibility and no real work to do I have a horrible feeling my boss will tell me I have to work 3 months notice. I am not bothered about a reference as I do not need one for my next role, but I don't want a costly legal battle for leaving after 4 weeks ?

Thanks


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## miles_hot (19 Apr 2010)

I don't think so - they just will not pay you for the bit that you didn't work. You might want to have a quick word with the CAB however I don't think that they can force you to comply - restricted covenant - however I would check before signalling your intent. There will be all sorts of ructions from this so finding a nice way to part company is always better, not least as it is the last few weeks people remember and you may want to maintain a good memory with people in the old firm 

Note of course that you will not be going to work for the end client, rather you will be setting up a company who has a contract with the client and working for your own company.

Is this your first contact?

Miles


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## big soft moose (19 Apr 2010)

technically it is hard for them to stop you leaving early - afterall what are they going to do, fire you ??

but that said you are contracted to work the 3 month notice period so it could get messy in court if they chose to go that route.

plus it burns your bridges with that company which might be problematic in the company if you ever wanted to go back - or if your boss moves on and you meet him again with a different employer

your best bet would be to sit down with your boss and explain , and if hes not willing for you to leave in six weeks would he split the difference and let you go in eight ?

also do you have any leave or toil owing which you could use to shorten your notice period ?

and finally as the new role is a self employed contract does it have set hours or places of employment - if not you might be able to overlap your two periods of employment , and start the self employed work while still wrapping up your current employment.


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## kasandrich (19 Apr 2010)

What are your contract terms exactly?

Maybe a financial penalty?

You need to convince your boss it is mutually beneficial, by agreement you can leave anytime.


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## wizer (19 Apr 2010)

I have absolutely no idea of the legalities. But I have had three jobs since I was 16 and the two times I jumped ship, I broke the notice 'rule'. Although they were relatively little amounts of time, two and three weeks IIRC. I got no come back from either company except, obviously, they stopped my pay from the day I left. I have always thought that it couldn't be enforced. But what if they take you to court and say that they lost revenue because you broke your contract and left. My guess is that they could potentially sue you. Remember also that if it gets messy and your new company gets wind, they may not want you.... I'm sure our resident legal eagle will be along soon to give us his sarcastic view.


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## Dibs-h (19 Apr 2010)

flanajb":21vocqm9 said:


> I have secured another job (contract role not permanent) and they want me to start within 6 weeks. The issue I have is that my current contract is a 3 month notice period and although I have no responsibility and no real work to do I have a horrible feeling my boss will tell me I have to work 3 months notice. I am not bothered about a reference as I do not need one for my next role, but I don't want a costly legal battle for leaving after 4 weeks ?
> 
> Thanks



Depends on how important you are to the firm - but from what you say, you have no real work to do, so I suspect it will be a case of making you work it for it's own sake.

If you stopped turning up at work from week 7 - can't really see them doing much about it. Even taking you to court - I suspect they'd have to to show that your leaving caused them problems, costs, etc. You not having any work to do is hardly that.

As for your boss - unless he owns the firm, he'll do what he's told by the directors - i.e. not initiate legal proceedings which may not have any real chance of succeeding, unless he wants to pay for them himself.

I'm sure Jake will be along - but if I was you, I might not turn up after week 6 - 1st 10 days (working days) or so is self cert, which takes you to end of week 8 - I'm sure you get the picture. I'm not suggesting anything underhand - after all it's not you are leaving after 6 weeks and getting paid till 12.

It is always nice to leave on good terms - but to be honest I find that's more applicable with colleagues, etc. than it's with bosses. Chaps I used to work with yrs ago, still drop a note every now & then (& vice versa) and it's nice. People I used to work for - you could walk past them and most wouldn't give you the time of day and that's with leaving on good terms. Why? Perhaps the fact that you are of no significance to them nor further their day to day (or longer) goals might have something to do with it.

Yes - you might bump into them in the future, but if he's going to be an ar5e - ......

HIH

Dibs


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## PAC1 (19 Apr 2010)

As BSM says. Go and talk with your boss. If you have only been there 4 weeks it is clearly not working out. If there is nothing for you to do, why would your boss keep you in place at great expense. He could make a cost saving and impress his boss and you could get out when you need.

If that fails look at the legal options.


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## big soft moose (19 Apr 2010)

course as a high risk strategy you could also turn up to work unsuitably dressed, and stinking of booze, then spend the day verbally abusing your boss, colleagues and customers , and making lewd and inapropriate remarks to any women within hearing distance

with any luck they will then fire you - or at the very least suspend you and accept your imediate resignation without prejuduce 

(Note that i dont actually advocate this course of action, and take no responsbility if your new employer hears on the grapevine that you are a drunken foul mouthed lecher :lol: )


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## Dibs-h (19 Apr 2010)

flanajb":1dkk5pgx said:


> for leaving after 4 weeks ?



Christ missed that bit. To be honest most places have a probationary period where notice either way is 1 week - 6 months is a fairly common probationary period. I would check your employment contract and get sight of a staff handbook as well (if they have one). Notice is teh same either way - I would be astounded if it was lopsided.

If it's anything other than a noddy outfit - I would be surprised if they didn't have a probationary period, and even noddies are reasonably clued up these days.


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## Beowolf (19 Apr 2010)

> for leaving after 4 weeks



I read that as leaving in 4 weeks, rather than the 3 months his company would like.


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## big soft moose (19 Apr 2010)

Beowolf":17paifpy said:


> > for leaving after 4 weeks
> 
> 
> 
> I read that as leaving in 4 weeks, rather than the 3 months his company would like.



yeah that was my interpretation too


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## TrimTheKing (19 Apr 2010)

big soft moose":s926f6zf said:


> Beowolf":s926f6zf said:
> 
> 
> > > for leaving after 4 weeks
> ...


That's what I interpreted he meant, leaving 4 weeks into notice period.


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## cambournepete (19 Apr 2010)

I have a recollection that you cannot be forced to work longer than your usual pay period.
I.e. If you're paid monthly then they can only make you work one month.

I'd do as others suggest and talk to your boss.


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## SPinonit (19 Apr 2010)

It depends whether it is expressly written into your contract or simply implied. If expressly written, your employer _could_ claim against you for damages, but it is unlikely. Any damages would have to be for amounts able to be proven by that employer - eg if they *had* to employ a temp or agency staff at additional cost. Even then, they could only claim damages for the additional sums involved - a few pounds per hour at best.

In truth, there is little an employer can, or usually will, do about you leaving early - I've seen numerous employees leave with less than one weeks notice, when they also have a three-month clause. I've never seen anyone chased for damages - often the employer wll simply place a note on file that they will not provide a reference for you. If you are happy to take that risk, then that may be the only downside. Worth considering since three years (or less) down the road, you may need to find another job and a prospective employer will usually want references covering your last three years minimum.

The legal statutory minimum is one week, regardless of length of service. This really applies where notice periods are implied rather than written, but is a point of law.

Here are a few websites that might help to throw some light on this for you:
Roydens UK Employment Law
DirectGov - Notice Periods
UK Employment Law with regards to giving employer notice to leave
Personnel Today - Damages for breaching notice periods

HTH
Steve


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## bugbear (20 Apr 2010)

flanajb":1z9sp430 said:


> I have secured another job (contract role not permanent) and they want me to start within 6 weeks. The issue I have is that my current contract is a 3 month notice period and although I have no responsibility and no real work to do I have a horrible feeling my boss will tell me I have to work 3 months notice. I am not bothered about a reference as I do not need one for my next role, but I don't want a costly legal battle for leaving after 4 weeks ?
> 
> Thanks



You might want to consider your reputation too - unless your forthcoming job is "for life".

The world is a small place, and people talk to each other.

BugBear


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