Notice period question - can't find some information

[chopemon]

Can anyone here help me with a question about notice periods when leaving work? Anyone good with UK employment law?

I have tried searching for the answer to this question but I can't find the information.

My friend wants to leave her job and one of the possible new jobs may not be keen on her if she can't start immediately. This would be an amazing job for her so she doesn't want to jeopardise it.

I'm sure that I have heard somewhere that you can't be forced to work your notice period if it stops you from accepting another job. Is this true? Can someone direct me to a source of information about it? I had a quick browse on some sites and couldn't find it.

Cheers!

[Colin]

It all depends on what is stated in her contract of employment, assuming she has one. If it's temporary or general agency employment, she can leave at any time.

[Neon Ignition]

Pretty much as ikobo says, its very contract specific. If it states she has a two week notice period some places will allow the use of Annual Leave for the notice period so you can leave quicker but if its a senior post of one with a longer notice period like 1 or two months it's much less likely. Plus, being the start of a new financial year it would likely mean her taking it unpaid as she hasn't accrued leave yet (if her leave works April-April). This would still be at her current employers discretion as they might not be able to afford having her current post unmanned until they can arrange a replacement. First contract, second speak to her line manager. She should also see how flexible on the immediate start the new employer can be, even if it's just a couple of days it can help a lot when getting the ok.

[chopemon]

Cheers guys.

I was sure I'd heard that an employer isn't allowed to stop someone from taking a new job by forcing them to work their notice.

Unfortunately she is treated fairly poorly at work and there is no way she can ask for clarification without it turning nasty. She has a list of times when she has been treated badly at work so she might be able to negotiate it down with the threat of some legality.

Thanks guys!