I have a dilema...Currently have a three month notice period for a fairly junior (3rd year) position. Can I tell prospective employers I have 2 months notice and hand my notice in, and take 20 days holiday therefore giving me 2 months notice? is the holiday worked out pro rata?

I'd advise against it as there are too many potential complications.You'd be better to tell prospective employers you have a 3 month notice period as your current employer isn't obliged to let you take remaining holiday out of your notice period. Also, technically, even if they did let you take your holiday at the end of your notice period you'd remain employed by the old firm during that period. If there are any clauses in new or old firms' contracts about not moonlighting, that could cause problems. Finally, remember you'd probably only get 20 days holiday entitlement if you've earned that in the year to date. So, if you get 20 days per year and work to the end of March, you'd only have 5 days pro-rated entitlement to set against your notice period.

What are the implications of just leaving, would they bother going through all the legal hassle of chasing you up for a months work? (for a second year graduate)burn a bridge, never work for them again, surely thats the worst case scenario??

Pretty much, but more importantly it'd also come up on the reference check for this and future jobs. Reason for leaving would show up as fired for non-attendance/breach of contract rather than resignation.

I would strongly advise being honest with prospective employers about your 3-month notice period. It's a pretty common notice period at more senior levels and is not a long time in the greater scheme of things. In my experience of recruiting people to join my team, if you find the right person you're going to willing to wait for them. I'm pretty sure we've never decided not to employ someone because of a long notice period - that would be a very short-sighted decision.

I was in the same boat recently. My new employer has asked me to join as soon as possible but they will be flexible if my current employer does insist on keeping me for as long as they are entitled. I agree with the previous poster, just be honest to them about your notice period, you'll have to negotiate a formal final day with your current employer anyway so the date is always flexible.

Interesting to read the comments here, as I've a 6-month notice period and am wondering how to tackle this:- Resign now and gamble that I'll find another job within the six month period- Find a new job and hope that my company will let me go sooner than they have toAny advice?Has anyone else had this problem?

I just left my old job where I was on a three-month notice period. Despite my hopes that we could arrange a quicker departure, I was made to work my notice. My new employer was completely understanding. From the limited anecdotal evidence I've seen having to work your notice period seems fairly common. Personally I would be weary of resigning before you have something new lined up. Sorry for the cliche, but a bird in hand is worth two in the bush.

It was my impression that a 3 or 6 month notice period is not legally enforceable. The only enforaceable notice period is based on how frequently you are paid. So in America where people are paid weekly or bi weekly notice period is a week or two and in the UK despite what a contract may say the notice period is a month. Maybe one of the recruitment guys on here can shed some light?

I think there are two seperate threads in this: legality of notice periods, and ethics of notice periods (or more accurately, professional etiquette of notice periods).Your legal notice period, in UK law, is whatever you have agreed to in your contract, and some (such as my own) specifies my notice increases for each year I am with the company. I don't understand why people have such a problem with contracts - they are there to protect you, and aside of some unpleasant sophistry in IB around bonus payments, are a good thing. It is only where a written contract has not been provided (e.g due to admin delays or for a short period role) and where notice could be disputed that it reverts to 1 x payment term. But frankly the legality of notice periods is academic. The courts will always do everything in their considerable power to uphold the sanctity of contract as a pillar of law.the real issue is the etiquette of notice periods, and speaking as a HH although I have - occasionally - encounted clients who are dismayed to wait for a critical hire to complete their notice period, or would like a candidate to try and negotiate an early release from the contract, I have never encountered an offer being withdrawn, or even preference to a candidate on shorter notice, and at more senior levels the notice periods of 3 - 6 months are quite necessary to protect client information etc. I have even seen senior lawyers on 12 Month notice periods! When the time comes to leave, treat your company well - in fact treat them like you would be expected to be treated if you were losing a key member of your own team, not only because you have to, and you want a decent reference and a reputation as a stand up guy, but also because MC is a small world and you may well be reporting to old colleagues or managing them, even working client side with them. And for the sake of getting to your new desk a few week early are the risks, the loss of reputation, and - for some - losing out on the chance to take a few weeks out and take a break, watch the racing and chill before starting your new role - worth it? And another point, hopefully well illustrated. A while ago several colleagues of mine left to explore other opportunities, but they honoured their commitments, treated the company well, and left with the respect of our Directors. A few came back having seen the grass is not always greener and were welcomed back - because they left on good terms. Worth thinking about that.

Thanks for all the advice, I was totally honest with the recruiters from the word go, saying my 3 months may be negotiabe. They offred me the job to start asap, but i couldn't negotiate my notice period. But they'll still wait for me.Now stuck here for 3 months, twiddling my thumbs, awaiting my next venture!! Best advice is to be honest, if they like you they'll wait i guess...

Don't sit there twiddling your thumbs - give your notice period at least as much effort as you would normally, if not more. There is a good reason they tell you to leave your audience wanting more in the theatre - so show your current employer what is leaving, and go with a halo not horns. You never know when you will need contacts from your old firm, or will meet them again client side or even report to them.