Dear Jobs Guru: ‘I’m due to start a new job – but my boss won’t let me go!’

I have been offered a new job, and I have accepted it and been given a start date. I am on three months' notice and gave my boss verbal notice on accepting.

However, I handed in my written notice a couple of days ago and have now been told my last day at my current workplace will be a week after I am meant to start my new job.

I gave my boss enough notice but he is not budging. What can I do about this? Greg, Southampton

Well, this is a pretty pickle, Greg. Verbal notice is, obviously, not the same as written notice. Is it as valid as written notice? No, I’m afraid it’s not…

Why, having given verbal notice, did you then feel you needed to give written notice? Contracts of employment normally state whether or not you need to give notice in writing. I am presuming that your contract must indeed specifically say that you must – as most do.

If this is what it says then you’re most definitely out of luck. But, even if it doesn’t, I think you’re out of luck anyway – because how can you possibly prove you ‘delivered’ your notice orally at an earlier date?

Government advice is: “Give written notice if you think you’ll need to refer to it later, for example at an employment tribunal”. My advice is: Always, and without exception, give your notice in writing!

So what can you do? Well, your options are now very limited. If your current boss definitely won’t budge on this (and it does sound like they are being a tad small-minded), you’re just going to have to contact your new employer and explain the situation, hoping they will be understanding. I wish I had better news for you!

Always put anything of particular importance in writing, rather than just communicating it verbally. It never hurts to have your backside well covered!

In most jobs you will be bound by a period of notice, stipulated in the terms and conditions of your employment. You should study this document carefully, so as to be aware of precisely what this period of notice is.

You should also identify how many leave days you remain entitled to – since these could reduce your notice period.

Whilst you are not under any legal obligation to give more than this statutory period of notice, in certain circumstances you may wish to do so. If this is the case, then this should be made clear in your letter – with a statement indicating precisely when it is you wish to leave.