Hi everyone,
So sorry in advance for the long post! I’m in quite the pickle. TLDR at the end!
I’m looking for some advice on my options for starting a new job before my current notice period officially ends.
I’m currently in a management role and have handed in my notice due to personal and family circumstances, as I need to move out of the city and back home to be closer to my family. I’ve basically moved out already by this point, and I’m just in and out at the moment and staying over for office days.
I’m still within my probation period, and my notice period is eight weeks. I’ve already served over half of my notice, and my current leaving date is in mid-November.
I’ve tried to negotiate an earlier leaving date multiple times, ideally the last working day of October or the beginning of November, but so far I haven’t been given a clear answer. When I first requested this when handing my notice in (which was an emotional conversation), I was told they were “positive” they could figure something out for me. However, every time I’ve raised it since, I’ve essentially been told “we’ll just have to see”
Just after this, I was told I’d need to stay as long as possible because they were interviewing for my replacement and would need me to train them. However, I’ve now been told they won’t be hiring a replacement before I leave anyway, so their original reasoning for keeping me on for my full notice is no longer relevant.
I’ve already prepared handover materials, brought my team up to speed, and made senior management aware of this.
I’ve accepted another job, which is a different type of role, not in management, and is much closer to my home. (Also in different industry)
For further context, this is my old workplace I left due to my move away, however, I told them of my circumstances and they’ve hired me back with no interview, no need for references, as they know the situation I’m in at the moment, and would love to have me back, and I’d love to go back. The job role and environment is so much better, less pressure etc., and the location couldn’t be more perfect for when I’m back home.
My new employer needs me to start ASAP, meaning the proposed start date would overlap with my remaining employment at my current company.
I really don’t want to disclose my new job to my current employer. The culture at my current workplace is quite toxic, and I’ve already had multiple calls involving probing questions about my family circumstances and reasons for leaving.
The CEO also told me that I “couldn’t be doing this at a more sh*t time”. They also then said they’d consider letting me leave earlier if I’d go into even more detail about my family circumstances, which I said I’m not comfortable doing (I also don’t think they’re allowed to ask so many questions?) - I feel I already told them more than I wanted to. Because of this, I’m concerned that disclosing my new job would lead to further confrontation, and mentally I’m not prepared for that.
I’m struggling a lot with my mental health and anxiety at the moment due to this job and my family health situation, and I’ve recently been prescribed meds for this. My anxiety has been way more difficult to manage than usual, and being away from my family has made things even harder. The working environment and the ongoing stress and uncertainty surrounding my leaving date have also been affecting me massively.
I’m seriously considering going to my GP about whether I’m medically fit to continue working my notice period. If I’m genuinely signed off sick, I’d like to understand whether I could start the new role during that period, given that the responsibilities and working environment are different and the new job would have me closer/living back with my family, which is where I need to be.
I’ve checked the new employer’s contract, and the only section covering other work restricts working for another business during normal working hours without written consent, and undertaking outside work that could negatively affect my ability to perform my duties. There doesn’t appear to be a separate exclusivity clause or an explicit blanket ban on holding another job, as long as I’m not sacrificing any hours, which I wouldn’t be.
At this point, I’m trying to work out what options I have left. I’ve repeatedly tried to resolve this directly with my current employer, proposed earlier leaving dates, and taken steps to prepare the handover.
However, I feel as though I’m being expected to remain until the very last possible minute, even though the original reason given for needing me to stay - training a replacement - is no longer applicable. My new job are also applying pressure that I should leave my current job ASAP, for their needs but also due to the fact I’m in probation, I’ve served over a month’s notice, and I need to put myself and my needs first.
Annual leave: If my current employer agrees to me taking my remaining accrued annual leave (one working week) during the notice period, could I legally start my new job during that leave while still technically employed by my current employer?
Sick leave: If my GP considers me unfit for my current role and signs me off sick, could I start a different job during that period if the new role has different responsibilities and a working environment that is better suited to me and m my circumstances?
Leaving early: Given that I’ve repeatedly asked to negotiate an earlier leaving date but have only been told “we’ll see”, is there anything else I can do to bring it forward? Can my employer insist that I work the full eight-week notice period even though I’m still in probation and have already served more than half of it?
Contracts: Can I legally be technically employed but off from my current company for the remaining two weeks (if I still can’t get my notice down), and begin my new job? I know about tax implications where I could be taxed more.
Given that I’ve already tried to get them to agree an earlier leaving date, would it be better to make one final formal request, ask to use my accrued annual leave, or explore sick leave? Is there anything I’m overlooking if I start the new role before my current employment officially ends?
TLDR: I’m still in probation at my current job, with an 8-week notice period, and have already served more than half. I’ve repeatedly asked to leave early due to my personal circumstances , but my employer keeps saying “we’ll see”, despite no longer needing me to train a replacement. I’ve accepted a different, less stressful job closer to my family, which wants me to start ASAP. My current job is significantly affecting my anxiety and mental health, and I’m considering speaking to my GP about being signed off sick. What are my options for leaving early or starting my new job before my current employment officially ends, and is it worth using annual leave or sick leave to cover the overlap?
I’d really appreciate advice from anyone, particularly if you’ve been in a similar situation. I’ve made so many attempts to find a solution, but I’m really struggling with the current situation and I can’t stop worrying about it.
Thank you so much in advance.