Job Notice Advice

**@ndy-e** · 18th February 2011, 22:44

I have a new job to go to

and wanted to start 1st of next month, only found out I got the job on the 12th, so I sent a letter of notice but for just 2 weeks on the 14th. My notice peroid is 1 month and the reason I gave just 2 weeks is I get paid the 15th of a month, 2 weeks in arrears 2 in advance, and thus hoped would save any pay complications as the new job pays 20th of the month and said if I start the 1st then I'd get a full months salary.

Now my current employer has said no

, you must work your months notice. I have googled this and I would be in breach of contract if I left on my 2 weeks notice and they could sue for not fufilling my contract but would this be likely to happen? I am never likely to return to them and they recently had redundances, which I didnt apply for as I cant afford to be out of work. If I work my notice and start my new job I would not get paid in the new one till April.

I did put in my letter this is due to changes in my personal circumstances (basically split with my partner, have to do a 70 mile round trip to work, have 3 kids and cant see them every weekend as I do 4 on 4 off) though I didnt list the reasons in it.

**Paulrushton** · 18th February 2011, 23:12

Go off sick????

**Hideous** · 18th February 2011, 23:26

loads of people walk out of their jobs all the time, i wouldn't worry

**@ndy-e** · 18th February 2011, 23:40

Originally Posted by Paulrushton

Go off sick????

I dont think legally I could work a new job whilst being off sick for the old one, plus I'd need a P45 with leave date.

Originally Posted by Hideous

loads of people walk out of their jobs all the time, i wouldn't worry

Yeah suppose I think when I finish this block of 4 shifts I will send a letter in stating that I still intend to leave on the 28th.

**nibblitz** · 18th February 2011, 23:48

You can finish whenever you like, but if you breach your employment contract then your employer would be free to do the same, like withold any holiday pay entitlement you might be due.. So.. If you're expecting holiday pay as well as your usual earnings then you might be better working your notice... And, why burn bridges with your current employer, they could also refuse to provide a reference for you in the future..

**Hideous** · 18th February 2011, 23:58

Yeah it's not ideal but sometimes it's for the best
Never heard of anyone being taken to court over it, possible but very unlikely. But, check in the contract - it may say somewhere that they'll not pay you for the time you've worked if you "up sticks".
obviously you'll have to write off holiday allowance, as you won't get anything for that, but as it's nearing end of the tax year anyway most people don't have any hols left