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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6430
Experience:  15 years experience of advising on employment law matters
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I have accepted a role with a new employer thinking my notice

Customer Question

I have accepted a role with a new employer thinking my notice period with my current employer was one month. I have now been notified that I am on a 3 month notice period even though I have only worked for the company for 7 months. If I say that I am only prepared to work one month what can happen to me ? I am worried that my new employer will not be able to wait....
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.
Hello and welcome to Just Answer, has the employer pointed to a contractual provision which states that notice is 3 months?
Customer: replied 4 years ago.
Hi yes they have asked if I was aware that I had a 3 month notice period I sad no and apologised, but it is in there as I have now checked.
Expert:  taratill replied 4 years ago.
Ok thanks, is your role critical to your current employer in that they will be likely to suffer a financial loss through lost orders or unfinished work if you fail to work the full notice period?
Customer: replied 4 years ago.
Hi, no there are 3 people that complete my role over a 24/7 operation so there will always be the other 2 to support the business. They are also in the process of recruiting a 4th performance manager so can utilise the assessment centre to replace me. My role is more people management based no sales targets or finances etc
Expert:  taratill replied 4 years ago.
Ok thanks, technically you will be in breach of contract if you leave before the end of your notice period. You will not be entitled to pay for the period you do not work.

In theory the employer could attempt to sue you for breach of contract. They would only be able to do so if they can demonstrate a financial loss as a result of your leaving early, which is the reason I asked the last question. As they cannot do so they are highly unlikely to do so. Employees often leave with no or short notice and it is extremely rare that employers take action.

The only real impact it may have on you is their willingness to give a good reference, they may refer to your leaving early in the reference. They may not say anything untrue or unfair about you in a reference though. This may not be a problem for you if your new employer is aware that they are asking you to leave before the end of the notice period.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating.

Many thanks and all the best in your new job.