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[Doctor Gollum]

And if so how?

[TheBoy]

If its in a contract, then yes.

Back in the days when notice periods were 28 days or a month, it was a non issue. But now many companies are going for 3 or 6 month notice periods, its more of an issue...   ...and I'd argue an effective way of reducing churn in jobs that need an element of on the job training or familiarisation.

[Doctor Gollum]

It is in contract, however only a month.

I informed my line manager at the end of Feb, but couldn't formally give notice with no start date. He informed HR and his boss, both of whom failed to act to seek a replacement in spite of knowing full well that I would be leaving but that I didn't know when. Same boss has also failed to replace three staff that left another base in January, choosing instead to move the remaining person there to a different role, covering said base from Gatwick. Obviously with everyone trying to recruit, they haven't a cat in hells chance of replacing me (or another chap at Gatwick, also leaving next week) within a month anyways.

Anyhoo, I got a phone call yesterday asking me to start on Tuesday... Have managed to get that pushed back a week, but that's it.

[Doctor Gollum]

Incidentally, there's no mention in my contract of notice being paid or not, which implies that it could effectively be unpaid leave.

I would not expect to paid for any hours not worked and have something like 5 days accrued holiday remaining, which is neither here nor there.

[Viral_Jim]

I don't see how you can give notice without giving them a final date, or negotiating one.

Turning the question around, would you expect to be able to 'give notice' for some unspecified point in the future and then be able to walk off the job whenever you want? If so, why wouldn't everyone do it their first day on the job, after all if you don't need to give a date why wouldn't you?

[STEMO]

Incidentally, there's no mention in my contract of notice being paid or not, which implies that it could effectively be unpaid leave.

I would not expect to paid for any hours not worked and have something like 5 days accrued holiday remaining, which is neither here nor there.

Why would there be any mention of notice being paid? You work your notice, you get paid. On this planet anyway.

[Sir Tigger KC]

It is in contract, however only a month.

I informed my line manager at the end of Feb, but couldn't formally give notice with no start date. He informed HR and his boss, both of whom failed to act to seek a replacement in spite of knowing full well that I would be leaving but that I didn't know when. Same boss has also failed to replace three staff that left another base in January, choosing instead to move the remaining person there to a different role, covering said base from Gatwick. Obviously with everyone trying to recruit, they haven't a cat in hells chance of replacing me (or another chap at Gatwick, also leaving next week) within a month anyways.

Anyhoo, I got a phone call yesterday asking me to start on Tuesday... Have managed to get that pushed back a week, but that's it.

I expect they get people telling them that they are going to leave all the time and until they get the formal months notice as in your contract, they disregard it. 

What you're really asking us though.....  Is it OK to walk? 

Well yes of course, but you'll never get a reference from them in future and there is the chance that they will pursue you in the courts for compensation if they have extra costs covering your job. Like agency workers for example.

Your prospective employers should be understanding of your obligations to your current employers, especially about the notice period as you might well drop them in the shit down the line as well, when and if a better offer comes along. 

If they don't care, you should be wary of how they might treat you in future. 

[Doctor Gollum]

It's not that straightforward. Basically I have passed the interview process pending a start date for training. This has been almost two months.

They have subsequently offered me a temporary role to assist with another part of their business whilst they get my referencing done. Once that happens I will then be assigned to the training course for my actual job. Accepting this temporary role, means that my official start date is clearly defined and all the benefits associated with my actual role begin now rather than later.

This was offered a month ago, so I was anticipating the call, and had expressed concern to my manager that this might happen. His reply "we'll deal with that when it happens."

The reference thing may not be such an issue. As although they can refuse to give one, I can prove employment there. Which is fundamentally the purpose of said reference.

It should be noted that the new role actually pays less than my current job. So it isn't always about the money

[STEMO]

If you're not bothered about a reference and you're not bothered about getting paid for your last week/weeks, what difference does it make? Just walk.

[Sir Tigger KC]

The reference thing may not be such an issue. As although they can refuse to give one, I can prove employment there. Which is fundamentally the purpose of said reference.

Nonsense. The reference is more about your character than proving your employment. 

[Doctor Gollum]

To a point. It is primarily to confirm the details on your CV are accurate, the DBS/CRB check being the important one as it is for ID purposes, rather than a part of the interview process.

[Sir Tigger KC]

If that's what you think, that's fine then. As Uncle STEMO says you may as well just walk. 

Personally, I'd try to find a way to switch jobs without burning your bridges, but that's just me.   

[Doctor Gollum]

Just walking isn't ideal, but if I don't start the temporary job, I have no idea when my start date will actually be, as the referencing process could take one week or five. Basically, once the referencing is done, I will then be given a date to start my training with no guarantee of being able to give a full months' notice at that point. By taking the temporary job, at least everyone is on the same page. Whether they like it or not.

And any loyalty to my current employer went when I submitted the application. Otherwise, why apply?

[Marks DTM Calib]

Fundamentaly, you signed a contract stating a notice period, so this is legally binding and can be enforced.

Under law you would need to have the end date in writing, usually in the resignation letter or, formally negotiated with the employer at the point, or shortly after, resignation.

If your current employer wants to be difficult they could stop you from working for another company, via the courts.

[Kevin Wood]

Presumably you mentioned to your new employer that you would be available after a one month notice period. It's not unreasonable that you await a firm, permanent offer in writing before triggering that, so if they are reasonable, they should accept if you politely decline the temporary filler job they've offered you with little notice, and accept that they are hiring someone with integrity who will honour the contract they have with their previous employer.

I guess you could have given written notice earlier and taken them at their word, but we're not there now.