Leaving work for new job - notice period

BillyBattyBillyBatty Posts: 6,966
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I am currently working in a job that requires a four week notice period when leaving, and have just accepted another job offer in a different company.

They want me to start in a week's time and I said this would be okay at the interview.

My last monthly payslip was on the 9th September, so what I want to know is will I get paid for the three weeks work that I would have worked since then.

Comments

  • jojo01jojo01 Posts: 12,370
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    Depends on what it says in your contract.

    However, i'd assume that you'd be paid from 10th Sept until your last date at the company, presumably 30th Sept (minus any deductions if you've taken more holiday than you've accrued).

    I hope you're not expecting a good reference from your current company?!

    They may be able to sue for breach of contract but I think that's unlikely...
  • BillyBattyBillyBatty Posts: 6,966
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    They won't give me a bad reference. It's not an important job and people come and go there all the time. That's the way I see it.
  • DahuDahu Posts: 362
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    I don't think it does depend on what it says in your contract.

    If they didn't pay you it would be an illegal deduction from wages. They have to pay you for work done, and then if they get funny they could try to sue you for breach of contract (but only for what it cost them to e.g. employ an agency temp in your place).
  • the chimpthe chimp Posts: 12,139
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    Dahu wrote: »
    I don't think it does depend on what it says in your contract.

    If they didn't pay you it would be an illegal deduction from wages. They have to pay you for work done, and then if they get funny they could try to sue you for breach of contract (but only for what it cost them to e.g. employ an agency temp in your place).

    But what they used to pay the op would be used to pay the temp or at least part cover it, meaning that it wouldn't really be worth suing.
  • jaycee331jaycee331 Posts: 2,363
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    the chimp wrote: »
    But what they used to pay the op would be used to pay the temp or at least part cover it, meaning that it wouldn't really be worth suing.

    Perhaps, but assuming it might take the employer a week or two to re-fill the position, they could equally sue for business loss and consequential damages for that two weeks when that persons work wasn't being done, committing a breach of contract by not serving the notice period.

    There have been an awful lot of threads on DS recently about people walking out on jobs etc. I think whether you can get away with or not depends very much on whether you have a unique skill set to offer, or are easily replaceable. I also agree many companies are unlikely to pursue that route. But that's heck of a gamble, not one I would take. And for all the cocky fools on here patting themselves on the back for the hardness in not serving their contractually binding notice period, I would suggest that is more down to luck and circumstances than their own judgement.
  • [Deleted User][Deleted User] Posts: 12,881
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    They have to pay your for the time you worked so it depends on how you are paid. Some pay is x amount to cover what you have worked and x amount to cover what you will work.

    On notice periods, this is a contractual requirement. You can't just agree to start a job in a week if you are on a month's notice. Go to your employer and ask them if they will waive the full notice period. They will take into account any holiday you are owed. So if you have a month's notice period and you have 10 days holiday owing they may well say leave in a week.
  • Its-GillianIts-Gillian Posts: 3,130
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    Just a quick question op, why did you say that in your interview why didn't you tell the truth that you need to work notice? most jobs do have to work notice so they would probably have expected it, surely!
  • jimbo_bobjimbo_bob Posts: 1,935
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    Just a quick question op, why did you say that in your interview why didn't you tell the truth that you need to work notice? most jobs do have to work notice so they would probably have expected it, surely!

    I agree with this question. I've recently had a job interview, and I was asked how much notice I had to give; I told them the truth - four weeks. They were fine with this and offered me the job that day. As it happens, I came to an agreement with my previous company that I could have the last week of September off as paid holiday. That way, I'm still (technically) working my four weeks notice, but the new company makes use of my talents a week earlier :)
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