Unable to leave my job for a new role

Struggling · 25-02-2016 05:59PM #1

I'm in my job since mid September. My probation was to be 6 months. Two weeks ago they told me I was off probation. Meaning my notice period has gone up to two months. I today was offered a new job. The new job has told me they cannot wait two months. I am in no way an important employee. I came in on what can only be called a graduate role. I want to move to the other role but I'm afraid I will not be let leave my current job. Any advise?

Stheno · 25-02-2016 06:00PM

Hand in your notice and see what they say if it's less than two months?

BreadnBuddha · 25-02-2016 06:06PM

If your contract states 6 months, not *up to* 6 months, hand in your notice and go.

Their decision to end the probation period early, if that's what they have done, does not bind you to them in any way.

Don't wait around. Your future is in your hands, not in unenforceable employment contract terms.

Stealthfins · 25-02-2016 06:33PM

You're not legally bound to give so many months notice when leaving your job.

You could walk out tomorrow if you like.

Usually a week or two notice is the norm,two months is very unrealistic.

bonyn · 25-02-2016 07:20PM

2 months notice is silly, and i know from experience you're limiting your opportunities by honouring it.

Ignore the 2 months, hand in your notice and say you're willing to negotiate a notice period. Them ending your probation period early is no reason to work a longer notice period - well, unless the conditions in terms of pay or benefits also changed.

Mrs OBumble · 25-02-2016 10:09PM

Stealthfins wrote: »

Usually a week or two notice is the norm,two months is very unrealistic.

A month is normal in my world. Two is unusual, not unrealistic though.

Just negotiate.

uck51js9zml2yt · 25-02-2016 10:13PM

A month is the norm or a week if paid weekly.
Most companies will wait a month.

dev100 · 25-02-2016 10:32PM

It only ever takes 5 minutes for an employer to lay you off no matter how long you've been with them . If they be treated you well and you don't want to burn bridges you should give between 2 weeks and a month and no more and if they insist on more time just tell them it's for financial reasons and that you have to go .

Struggling · 26-02-2016 08:14AM

dev100 wrote: »

It only ever takes 5 minutes for an employer to lay you off no matter how long you've been with them . If they be treated you well and you don't want to burn bridges you should give between 2 weeks and a month and no more and if they insist on more time just tell them it's for financial reasons and that you have to go .

Totally don't wanna burn bridges. I've made friends there. I'm just not high up enough that anywhere would wait two months for me. Willing to give a month from Monday morning just afraid they will say well you have to give two months and then I'm trapped

_Brian · 26-02-2016 10:01AM

I've seen this more and more with companies putting regular employees on contracts with mad notice periods hoping it will deter them from looking elsewhere for work..
I wouldn't pass any notice of it...

If you've been offered a genuinely better position that you feel is good for you then give two weeks notice and let that be the end of it..

In theory they could make a big fuss and take a case against you. But in reality it wouldn't work. Long notice periods are only upheld in cases where the employee is core and central to the functioning of the business and their leaving at short notice would damage the business severely. Senior executives and the like.

A reference might be the only sticking point. I wouldn't expect a glowing reference, and even unsaid undertones can make a reference seem bad and may scare off a potential new employer.

I saw an instance where a manager was rang for a reference for a good employee with a clean file, he was asked directly "had the employee any disciplinary issues" his response was " I don't think it would be fair to talk about that at this stage", turns out the job offer was withdrawn as they were unhappy with the candidates references. He just wanted to hold onto a good employee. He hadn't said the employee had or had not been disciplined but inferred there may have been something.

punisher5112 · 26-02-2016 10:04AM

A lot of places will kindly ask you to leave sooner as they don't want someone there with potential to damage company reputation.

Good luck with new job op.

ibarelycare · 26-02-2016 02:53PM

They can't force you to take two months. They could in theory attempt to sue you for breach of contract but it's very highly unlikely as it would cost them a lot more than it's worth. Is your new job dependent on a reference from your current job?

Lux23 · 26-02-2016 02:57PM

I would hand in your notice saying what date you will be finishing up on, seeing as the six month isn't officially up I don't think they will even try to hold you to the two months notice.

StupidLikeAFox · 26-02-2016 03:27PM

Struggling wrote: »

Totally don't wanna burn bridges. I've made friends there. I'm just not high up enough that anywhere would wait two months for me. Willing to give a month from Monday morning just afraid they will say well you have to give two months and then I'm trapped

You ain't trapped. Give them two weeks, there is nothing they can really do about it. If you are as junior as you say it will be a mild inconvenience but they will get over it. And best of luck in the new job!

smurfjed · 26-02-2016 03:27PM

Our contract stipulates 4 months notice to leave or for termination, certainly does make job hunting that much harder.

dev100 · 26-02-2016 03:34PM

smurfjed wrote:

Our contract stipulates 4 months notice to leave or for termination, certainly does make job hunting that much harder.

4 months ? Must be a great pay packet at end of every month

smurfjed · 26-02-2016 03:48PM

Yep

:) Plus I love my job.

sin_26 · 26-02-2016 03:48PM

Look at your contract. If the notice time is in favour of your employer give them the same amount. There is no law which enforce better cobtract terms for employer than for employee especially with notice period. Ive did that and said to my boss that its fair in my opinion. Tgere is no way that my boss can expect 2 months from me when in the same time i can get only 2 weeks.

Brian? · 26-02-2016 03:53PM

smurfjed wrote: »

Our contract stipulates 4 months notice to leave or for termination, certainly does make job hunting that much harder.

I'm pretty sure you can ignore that completely. The idea of notice is to protect employees not to trap them.

If you're offered another job, give as much notice as the new employer will allow and walk away.

If one of my employees asked me what notice he needed to give the answer would be/ as much or as little as you want. If you don't want to be here go now with my blessing!

smurfjed · 26-02-2016 04:01PM

I'm pretty sure you can ignore that completely

It would be extremely expensive to do so.

ibarelycare · 26-02-2016 04:15PM

smurfjed wrote: »

It would be extremely expensive to do so.

Most employers wouldn't pursue an employee for breach of contract in relation to their notice period, as it wouldn't make financial sense.

4 months is ridiculous. It's practically preventing you from ever moving on, as how many employers are going to wait 4 months while a new hire works out their notice period?

wardides · 26-02-2016 04:31PM

So what grounds do employers have in terms of notice period? I'm in a similar position myself and on the hunt elsewhere. If my notice is 2 months and I leave after 4 weeks how does that work? Could they not just deduct your pay for the month work you're refusing to do. I don't see how, in a contract which for example states the following ;

"Except in circumstances justifying immediate termination of your contract the company shall give you 2 month's notice (or payment in Lieu).

When terminating your own contract you are required to give 2 months notice in writing".

If that's a signed document, how can employees just "disregard" it as some are saying?

ibarelycare · 26-02-2016 04:42PM

wardides wrote: »

So what grounds do employers have in terms of notice period? I'm in a similar position myself and on the hunt elsewhere. If my notice is 2 months and I leave after 4 weeks how does that work? Could they not just deduct your pay for the month work you're refusing to do. I don't see how, in a contract which for example states the following ;

"Except in circumstances justifying immediate termination of your contract the company shall give you 2 month's notice (or payment in Lieu).

When terminating your own contract you are required to give 2 months notice in writing".

If that's a signed document, how can employees just "disregard" it as some are saying?

You'd be in breach of contract, but it's unlikely that they'd pursue you for it as the legal costs would be more than the loss.

wardides · 26-02-2016 04:48PM

ibarelycare wrote: »

You'd be in breach of contract, but it's unlikely that they'd pursue you for it as the legal costs would be more than the loss.

I'm with you. So there would be no grounds for an employee to deduct a months wages. For example if I hand in 2 months notice now. Work for march, but refuse to work April. They don't have any rights to deduct my wages for April as I refused to work it?

ibarelycare · 26-02-2016 05:02PM

wardides wrote: »

I'm with you. So there would be no grounds for an employee to deduct a months wages. For example if I hand in 2 months notice now. Work for march, but refuse to work April. They don't have any rights to deduct my wages for April as I refused to work it?

No, they can't deduct you wages that they haven't paid you, and they'll have to pay you for the time you have worked.

cowboyBuilder · 26-02-2016 05:03PM

_Brian wrote: »

I saw an instance where a manager was rang for a reference for a good employee with a clean file, he was asked directly "had the employee any disciplinary issues" his response was " I don't think it would be fair to talk about that at this stage", turns out the job offer was withdrawn as they were unhappy with the candidates references. He just wanted to hold onto a good employee. He hadn't said the employee had or had not been disciplined but inferred there may have been something.

That's just lousy ..

Stheno · 26-02-2016 06:10PM

wardides wrote: »

I'm with you. So there would be no grounds for an employee to deduct a months wages. For example if I hand in 2 months notice now. Work for march, but refuse to work April. They don't have any rights to deduct my wages for April as I refused to work it?

You won't get paid for April as you didn't work it

stefan.kuntz · 26-02-2016 06:40PM

BreadnBuddha wrote: »

If your contract states 6 months, not *up to* 6 months, hand in your notice and go.

Their decision to end the probation period early, if that's what they have done, does not bind you to them in any way.

Don't wait around. Your future is in your hands, not in unenforceable employment contract terms.

All posts after this are superfluous, OP.

Jim2007 · 26-02-2016 06:56PM

Stealthfins wrote: »

You're not legally bound to give so many months notice when leaving your job.

I would love to hear the legal basis for that statement, last it is my understanding that the "Minimum Notice and Terms of Employment Acts 1973–2005" provides or the minimum period not the maximum and since the OP's contract meets those requirements they are in deed subject to the notice period stated in their contract. Whether or not the employer would seek to enforce them is another issue.

Struggling · 26-02-2016 06:57PM

My current pay is a pittance. This new job is significantly higher. With regards references I have other references that are more than glowing so that's not really a worry. Handing it in on Monday... Have email from HR that I'm on probation until March 14th, I'm so nervous. Don't wanna leave on bad terms but this is a massive move upwards for me and also a parking space.... Bye bye luas!!!!!

Jim2007 · 26-02-2016 07:07PM

Struggling wrote: »

Totally don't wanna burn bridges. I've made friends there. I'm just not high up enough that anywhere would wait two months for me. Willing to give a month from Monday morning just afraid they will say well you have to give two months and then I'm trapped

If as you say, you are not very important to the organisation, then it is very unlikely that they will require you to work the full notice period.

But think about this, they did think enough of you to want you to stay around and dropped the probation period once they saw what you were capable of. Your potential new employer is unwilling to respect your notice period and is more interested in getting a body on board rather than getting you on board. That being the case I would not be surprised if he was not to concerned about you further down the road, so be sure that it really is what you want before you make the move.

Unable to leave my job for a new role

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