Employment law? help please.

Ok folks, got a bit of a potential issue here.



Lets say a friend has a 2 months notice period that theyhave a signed in an employment contract. They have been offered a job but theymust start in 2 weeks! Is there any way at all my friend can get out of the jobthey are currently in? They would be happy to leave without pay owed i thinkbut is there anything the current employer could do to stop them leaving?

[dizzyblonde]

Take some of the notice as any holiday owing?

In my experience, of someone very close who worked for the same company as me, its a very difficult thing to get round.

Do what I did just tell them you are leaving and staring a new job in 2 weeks, then just don't go in, they have to pay you up till the date you worked, it worked for me.

[timwilky]

It would be a vindictive one that tried. Forcing a disgruntled employee to work their notice is just asking for trouble if that person is in a position to cause havoc.

Best thing is to talk it through with their manager and HR. A decent employer should not stand in their way as they should have done progression and succession management and identified someone for the role etc.

I wouldn't do that to my current employer because as employers go they are pretty good, but where i was the manager was a toll who I hated with a vengeance and was very much in a position to cause trouble, the MD knew this to so they didn't stop me.

[dizzyblonde]

Originally Posted by daveyrach

Do what I did just tell them you are leaving and staring a new job in 2 weeks, then just don't go in, they have to pay you up till the date you worked, it worked for me.

Until you find that you owe them money.....happened to my 'close friend' as he was paid monthly

[andrewsmith]

Depends upon the employer.

A previous company, it was 3 months once you were at a certain pay grade.
A Guy was head hunted for a similar role with more defined responsibilities.

Put his notice in to the director (this went on for over 2 hours in the office), and 2 days later was offered 4 weeks by HR.

[Sir Trev]

Would you, sorry, your friend, ever consider a job back with the current employer? Is it a "close" industry where everyone knows everyone else and the less-than-loyal attitude might get well known?

btw this isnt me. im in a very close knit industry and would get screwed.

Anyhow. No not really. The friend has to leave in 2 weeks for the new job. Its just they dont want to not take the new one (its too good an offer to pass) but they are trying to find out how to get out of their old one.

[Bri w]

If your friend told his current employer he was joining a direct competitor would his employer put him on gardening leave? Sorted.

Alternatively, a decent employer would let him go if they knew he needed to start in two weeks.

Beyond that there is little option than to just walk...