Notice Period

[chil]

Hi all,

Just a quick question about working your notice period. It is written in my contract that I have to give 2 months notice, however, it also says

4.2 If you leave without giving the proper period of notice or leave during your notice period without permission, the company shall be entitled, as a result of your agreement to the terms of this contract, to deduct a day's pay for each day not worked during the notice period. The company will not deduct a sum in excess of the actual loss suffered by it as a result of your leaving without notice and any sum so deducted will be in full and final settlement of the company's claim for your breach of contract. This deduction may be made from any final payment of salary which the Company may be due to make to you. The amount to be deducted is a genuine attempt by the company to assess its loss as a result of your leaving without notice; it is not intended to act as a penalty upon termination.

My question is, could I state that I am only going to work a months notice and leave after the month? Would I be in more trouble than just not receiving my 2nd months wages which I wouldn't be there to earn anyway? I'm not sure if my new employer would frown upon this decision, so am sceptical about taking this step but my current employer is being really difficult with things.

[ULA]

Most employers understand that new employees coming from existing jobs will have a notice period to give and depending on role and length of service, can typically be anything from 1 week to 3 months. It does sound from what you say that they may accept that you will not be joining them for 2 months.

The clause 4.2 as you have stated, clearly sets out what the penalties will be if you do not give the required notice and the reasons why, although the forumla for how they determine "actual loss suffered" is not defined. Therefore if you do not provide the correct notice they can/will revert to this clause to determine whether they will suffer any final loss by you not completing your full notice. In your instance as well it is not that you will just walk away but you do not want to work your full notice period.

My normal advise would be to try and agree a reduced notice period, however If your current employer is being difficult about things and your new employer is fine with a start date in 2 months, it may be that you just need to stick it out for your notice period. At least you know there is an end date!

Not sure how helpful this has been but if you have any more questions please come back to this thread.