Leaving work notice period Post Reply

[MrsSPC]

Hello and TIA!
My contract states I am to give my employer a 3months notice period if I decide to terminate my employment with them (I work in a bank in the city).

My husband may be taking a job oversees however, and if that offer comes through we will have to move quite quickly.

Does anyone know the consequences of not staying on for the entire 3 months? It's terrible, but if it comes through I'm only going to be able to remain in an employment for 1 or 2 weeks as I'm going to need to sort out the logistics of the move for a family of 4 - renting our flat, packing and shipping, housing and schooling in the new location, etc etc)

I can not ask my employer for various reasons and it is not spelled out in my contract.

Thanks!

[Jen66]

Will you be looking for work at your new location and will you need your current employer to give you a reference?

The reality is they can't do anything to stop you leaving when you want. They might withhold holiday pay

[MrsSPC]

Thanks Jen!
No I won't be looking for work in a similar role

[Purple_sage]

I think the 3 months notice period tends to be negotiable with your manager if it's not a gardening leave requirement? I think it's best to leave on a positive note so maybe let your husband's hiring company know that you have a notice period to serve too? They may buy out your notice period if they need him to move quickly

[szerma]

I second the other opinions that it is negotiable and always better to leave a good impression.

Perhaps not very honest but you could invent a "personal" reason why you have to be leaving overseas or just leaving (e.g. Having surgery or a sick relative etc), which means they would be more sympathetic to release you early. You could also be honest and offer to continue to the end of your notice period but e.g. Take the last 1.5 months off as unpaid leave whilst still being in an employment contract with them and therefore not taking a job elsewhere, or being available over the phone for any queries etc.

In my experience, being completely honest about your needs whilst demonstrating you will do the outmost to minimise the disruption for them (e.g. Help find and train the replacement) is the best policy.

[fitzpm]

OK, here are my two cents: I have no idea what type of working relationship you have with your employer, but if you work for a bank the chances are that their contracts of employment would have been constructed by their team of employment lawyers. I don't think that anybody has mentioned the words ‘breach of contract’ yet, and how that may affect employment references that you may require in future (you never know…) and also some aspects of your pay. Perhaps none of the above matters to you, I don’t know....

However, you must be in a pivotal role at the bank to have in your employment contract a clause that specifies a 3-month resignation notice. Other roles usually have one month's notice. I am an HR manager (MCIPD) and I concur with others who have already said that it would be best for you to have a frank and honest conversation with your current employer once the situation with your husband's possible relocation comes through.

You do not need to lie, just explain the situation 'as is'. You are not going to be exactly 'popular', but here is something that you could do that may help: I suggest that you do not just explain your side of the story, but also be empathetic and explain that you understand that they would be disappointed with you leaving so soon. Yes, notice periods of 3 months are normally negotiable but rarely reduced to 1 week or 10 days unless they want you to go on 'Gardening Leave' (this would depend on your role, contract, etc.). Remember that once upon a time you must have wanted to work with them and accepted their job offer including their explicit terms and conditions of employment. Offer to do your best to assist them in their search for a replacement. At the very least, put together comprehensive ‘handover notes’ detailing what you have done/do for them, who to contact, etc. because you may not have time to do anything else.

At the end of the day, practically, if you are moving countries…an employer can’t really stop you. Again, I don’t know what type of working relationship you have with your current employer, however, if you have an honest conversation and you try to be as helpful as possible to them, you will be leaving on a much more constructive note. This will be positive for ALL involved.

[Scottov]

Ok, as others have said it's best to be honest and talk to them.

But the question is what are the consequences for breach of contract?

It won't be great for referencing and they are legally entitled to pursue you for damages. This is unusual but not unheard of. This might take the form of additional costs for recruitment, advertising, additional agency/temporary staff costs to backfill etc

You can't compel someone to fulfill a contract for labour but you can recover costs for non performance

Talk to them.

[Flowermummy]

Like someone suggested, why don't you start by doing comprehensive handover notes. Then when the time comes try to be as flexible as possible, offer to be on call, work from home, etc. If you have someone who can easily take over from you I suspect something like 2 weeks in the office and 2 weeks winking from home may work ...

You may not be seeking another job now but you never know in the future....I am not sure if this will affect your reference (as far as I know there are strict rules about what can be disclosed by your current company to a future employer), I suspect it would affect it if you just leave without finding a compromise...

Best of luck!

[Scottov]

Like someone suggested, why don't you start by doing comprehensive handover notes. Then when the time comes try to be as flexible as possible, offer to be on call, work from home, etc. If you have someone who can easily take over from you I suspect something like 2 weeks in the office and 2 weeks winking from home may work ...

You may not be seeking another job now but you never know in the future....I am not sure if this will affect your reference (as far as I know there are strict rules about what can be disclosed by your current company to a future employer), I suspect it would affect it if you just leave without finding a compromise...

Best of luck!

Good advice

References need only be truthful.

[number28]

I have some experience with overseas moves, so for what it's worth...

Although you don't currently expect to be looking for a similar role to your present one, this might change, so I agree that leaving on good terms is important. I think it's unwise to sacrifice your own future career options to rely on someone else's, no matter how good this opportunity looks. You may need to be the breadwinner in future.

Yes, setting up family life overseas takes time and planning. Rushing it in a couple of weeks may not be the best option. Have you considered yourself and kids staying on to organise things at this end, while you work out your notice in some capacity (e.g. part-time, unpaid leave as suggested above, work from home more); while your husband goes ahead and looks into accommodation there? One of the mistakes worth avoiding is picking the wrong location to live. The commute to work and schools, and the type of neighbourhood you live in, make a fundamental difference to your experience living overseas. They're also hard to get right unless at least one of you is on the ground there and doing it for a bit.

It's likely you will be in temporary accommodation for a while if you leave quickly, either because your household goods take time to be shipped there, or your desired place is not available immediately. Your kids may not be able to start in schools immediately, and in any case, starting a couple of weeks or months into a school year or term is really not a problem. It's often useful actually, as they get a bit of special attention when they arrive rather than just being amongst the many new starters in a year group.

Will your husband's new employer provide relocation services? It's worth asking, as any help makes a difference. You and kids might be able to swing a visit there before leaving the UK completely to check out schools and housing that has been shortlisted by hubby.

In any case, have fun and good luck!