Can my partner leave 1 day early without losing pay?

Question about not fulfilling 2 weeks notice period...

My partner has been at the company 2.5 years—and has been very open about the fact that she intends to leave once she gets her degree.

New job has finally come (even called the current job for a reference last week)—now has been asked to start in just under 2 weeks.

Her contract states that 2 weeks notice is required... although the start date will be 1 day short of the 2 weeks. They are now insisting that she “must” work this day.

Really don’t want to mess around a new employer. From my understanding they can withhold up to 1 weeks pay—if this is reasonable. Would 1 day short of 2 weeks be reasonable?

What are the other considerations... Can’t help but feel it is almost out of spite—as they really did not want her to leave.

Any advise would be good.

The new employer clearly wants her. Just be honest and straightforward with them about starting 1 day late. I’d be surprised if they didn’t get it.

Or…take a sick day on your first day.

If the new workplace doesn’t get this and won’t let her see out the contract, then it’s not a place I’d wanna work. Start the job, but yeah, start looking for a new one

Yeah, that turns into “abandonment of employment.” Then they can do as they please with her meaning none of her entitlements get paid out, like annual leave and so on. But you can use sick days.

My advice would be... be transparent with a new employer say that her old employer has communicated that it’s important to them that she work that final day. I’ve had this happen a couple of times as an employer... and it shows that I’ve got a stellar new team member coming in.

Just leave then call in sick and provide a medical certificate.

Always leave on good terms.

Just talk to your new employer and be truthful even add on an extra week so she can have a break before starting.

As an employer, that kind of responsibility is often pretty uncommon now.

If I had an incoming employee, I’d be really happy to hear that level of commitment to her former employer it shows you can finish something off and have morals.

1 day pay lost no biggy take it and move on.