Handed in notice - employer difficult

[elen-elen]

Hiya...new here and looking for some advice.

 

I handed in my notice in writing and stated that I would like to leave 9 days earlier than the end of my notice period, stating the date that I would like to leave and handed it in. My boss received the notice, acknowledged the receipt and said that she foresees no problems with me leaving early and I thought that's it.

 

Now she has gone back on the earlier promise and said she wants me to work the full notice or I will be in breach of contract.

 

Now, I'm just a lowly office worker, I am not a sales person or hold any kind of classified information about the company I work for. I have been asked to start at my new job at the date that I told my employer I want to leave and it is not a competitor or indeed anything to do even with the industry.

 

Oh and I stated in my notice letter that I am more than happy to waive the remaining pay for my notice period in exchange for leaving early.

 

So I guess, my question is...can my employer force me to work the remaining nine days? Cause if I do, I will lose the new job and boss knows this.

 

I have already said I don't want to be paid, what other leverage does my employer have? Can they badmouth me to my new company if I leave as I intended?

Edited December 23, 2011 by citizenB
popped some spacing in to make reading easier.

[citizenB]

Did you have any holiday entitlement left during your notice period?

[elen-elen]

I don't, the holiday entitlement resets 1st of January and my notice is due to end on the 14th of January.

[gordies]

How long you been in job?

Paid weekly or monthly?

Signed contract?

Notice period in contract?

[elen-elen]

In the job 3 years

Paid monthly

Contract yes

Notice period one month

[citizenB]

I think it is rather sad that your current employer has reneged on a verbal promise that you could leave early. I wonder if that promise is actually binding. I will ask site team for you

[RachelMD]

How did your boss acknowledge receipt of your notice and reassure you that leaving early wouldn't be a problem? In writing, email- or verbally?

And when did you agree the start date for your new job, after this, or did you just assume it wouldn't be a problem?

[elen-elen]

She told me it's OK verbally in my exit interview, and I agreed the start date in my new job after this.

[Sidewinder]

Play hardball. Put in writing that the leaving date was agreed by [Name] during your exit interview and that no doubt the notes made at that interview will endorse this. Whilst you acknowledge that you have a contractual notice period of one month, the employer's right to receive a month was waived by [Name] and the clause has therefore been nullified. On the strength of this agreement you have entered into a contract with your new employer and you are not willing to mess them around due to the inability of current employer to keep to their word.

 

Basically you can walk without serving a month's notice, but the employer could in theory at least sue for a breach of contract, but only for any actual loss incurred through lost productivity or having to employ a temp for the remaining notice period. Hardly ever happens, but it is always better to get your side in first, and naming names and referring to a specific conversation (and notes of that agreement SHOULD have been recorded, so it is their fault if they didn't) would help with any defence in the unlikely event of a claim.

[madari]

Hi

 

Another way you could walk is by way of `constructive dismissal` in that your current employer is being unreasonable by not releasing you from your current contract.

[citizenB]

I think sidewinder's suggestion is probably the best way to go.

[papasmurf1cx]

awful amount of influenza about.. don't ya think?

 

just saying !!

[Sidewinder]

awful amount of influenza about.. don't ya think?

 

just saying !!

 

Devious.....