How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Kasare Your Own Question

Kasare
Kasare, Solicitor
Category: Employment Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
12488363
Type Your Employment Law Question Here...
Kasare is online now

I am a computer programmer working in London. I have an unusually

Customer Question

I am a computer programmer working in London. I have an unusually long notice period of 3 months.
I have been made a very good offer by another company, but the new company needs me to start within 2 months.
I would like to know where I stand legally, and what the usual outcome of such situations is.
I have a good relationship with my current employer and do not want to burn my bridges.
My current contract states: "the Appointment shall continue until terminated by either party giving to the other not less than three months’ prior written notice of termination".
I'm pulling my hair out over this so a speedy response would be appreciated!
Thanks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Kasare replied 1 year ago.
hi thank you for your question, I will assist you with this.
If you job is quite specialised, then in fact 3 months is not "unusually long" unfortunately.
The only way in which you could attempt to leave on good terms is to speak to your current employer and advise them that you have been offered a great opportunity with another company who require you to start in 2 months and ask them if they would be willing to agree to a shorter notice period.
The other alternative is to simply resign and not work your full notice. In effect this would be breach of contract and your employer could attempt to pursue you legally for this. In practice it rarely happens, unless by the move you are also in breach of another clause that often appears in your contract - the non compete clause/restrictive clauses after termination of employment.
I hope this assists you. If you have any questions please ask.
Kasare, Solicitor
Category: Employment Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

HiCustomer

Thanks for getting back to me quickly.

Do you happen to know the usual outcome in these situations? I.e. in the real world do employers ever agree to reduce your notice period?

Expert:  Kasare replied 1 year ago.
Hi, Tim
In the real world, it often depends on many things - basically the attitude of your employer. They can be difficult if they want, but this does not always happen. I would say a lot would depend on whether the employer has a big deadline that they cannot do without you on etc.
Quite often if the employee is wanting to leave, the employer is often agreeable to shorter notice or the parties can agree to the employee leaving immediately with payment in lieu.
Another thought that I have just had is how many days holiday do you have available? Perhaps your employer would let you utilise your holidays in the last month (i.e. the 3rd month).
If you are wanting to leave on good terms as you say, then the best way to approach this is to be upfront and honest with your employer. They may offer you something better to stay!
In this instance, if your employer did let you leave with a shorter notice period, they would only have to pay you that period.
Any other questions? Just ask!
Customer: replied 1 year ago.

Thanks for your help with this. Very useful indeed.

Tim.

Expert:  Kasare replied 1 year ago.
You are most welcome Tim.
If you need anything else, please ask.
Good luck with everything!
Kas

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions