New Job? How to Shorten Your Notice Period (Without Getting Sued)

TL;DR: Too long, Didn’t read
  • The Contract: Your notice period is legally binding. If your contract says 4 weeks, you are expected to work 4 weeks.

  • The “Holiday” Hack: You can often use your remaining accrued holiday to shorten your notice period (e.g., work 3 weeks, take 1 week holiday).

  • Just Walking Out: If you leave without working notice, you breach your contract. The employer could sue you for the extra cost of replacing you (though this is rare).

  • The Negotiation: Most employers will agree to an early release if you help hand over your work quickly.

You have landed your dream job. You are excited. Then you check your current contract. “Notice Period: 3 Months.” Your new employer wants you to start in 2 weeks. You are stuck.

Can you just walk out? Can they stop you leaving? Here is how to navigate the tricky world of resignation without burning bridges (or getting sued).

The Law: Do I Have to Work It?

Technically, yes. Your employment contract is a legal agreement. When you signed it, you agreed to give a specific amount of notice (usually 1 month or 3 months). If you leave early without permission, you are in Breach of Contract.

However, you are not a prisoner. They cannot physically force you to go into the office (that would be slavery). But there are financial consequences if you just disappear.

What Happens If I Just Walk Out?

If you say “I quit, I’m not coming back” and walk out the door:

  1. They won’t pay you: You only get paid for the days you work.

  2. They can sue you (Theoretically): If your sudden departure costs them money (e.g., they have to hire an expensive agency temp to cover your shift), they can take you to court to claim back that extra cost.

    • Reality Check: For most junior/mid-level jobs, companies rarely sue. It costs them more in legal fees than it is worth. But for senior roles, it is a real risk.

  3. The Reference: They will almost certainly mark your reference as “Left without working notice.” This can spook your new employer.

Strategy 1: The “Holiday Hack”

This is the cleanest way to leave early. Check how many holiday days you have left (see our Holiday Carry Over guide).

  • The Play: If you have 5 days of holiday left, ask to take them at the end of your notice period.

  • The Result: You formally “work” your 4-week notice, but your last day in the office is actually a week earlier.

Strategy 2: Negotiate “Garden Leave”

If you are going to a competitor, your boss might not want you in the office talking to clients.

  • The Ask: “I am happy to work my full notice, but since I am moving to [Competitor], would you prefer to place me on Garden Leave?”

  • The Result: You stay at home on full pay but don’t have to work.

Strategy 3: The “Waiver”

Just ask. Employers don’t want an unhappy, unmotivated worker sitting at a desk for a month distracting everyone else.

  • The Pitch: “I can finish my handover notes by Friday. If I do that, would you agree to waive the rest of my notice so you save 2 weeks’ salary?”

  • Why it works: They save money. You get to leave. Win-win.

A Quick Story: Meet Tom

  • The Problem: Tom was a graphic designer with a 3-month notice period. He got a job offer that started in 4 weeks.

  • The Mistake: Tom almost just emailed saying “I quit effective immediately,” risking a bad reference.

  • The Fix: Instead, he spoke to his manager: “I know my notice is 3 months, but I can finish all current projects in 3 weeks. If I stay for 3 months, I’ll have nothing to do.”

  • The Win: The manager agreed to a “Mutual Variation” of the contract. Tom left in 4 weeks with a glowing reference and a clean slate.

Summary: Communicate, Don’t Ghost

You want to leave on good terms.

  1. Check your days (Can holiday cover it?).

  2. Offer a deal (Handover vs Early Exit).

  3. Get it in writing (Email the agreed final date).

(Sources: ACAS – Resignation Rights, Gov.uk – Handing in Notice)

This guide is for information purposes only. If you are a senior executive or have ‘restrictive covenants’, seek legal advice before leaving early.