Given notice at work

Would you care to explain what you mean by “real life advice”?

Feel free.

As a lawyer, I'm a bit surprised you don't advise real life advice. It's possible the op hasn't given us a full picture here.

I agree with the advice to do the bare minimum if you can’t leave soon. When I was in a similar situation I took loads of time off for job interviews, went for dental and optician appointments in the middle of the day, took the cat for her jabs which took a whole afternoon, had a day off to get the boiler serviced etc etc.

Exactly. EVERYONE has protected characteristics - age, sex, race, marital status etc by their very definition. It doesn’t mean you can sue on the back of it!

As an employment lawyer these threads honestly make me want to smash my head on the keyboard…

can I just say that’s absolutely fine, I don’t need a notice and I am happy to forgo that and leave today

With due respect OP what you're suggesting doesn't take account that the employment contract is mutually agreed and benefits both sides. You may well think "I don't need notice" but your employer does and needs you to serve your notice to do a handover. Having a 3 month notice period gives you time to do a reasonable handover and seek new employment. Keeping things amicable is never a negative, you can't lose out by doing the right thing even if you feel hard done by.

You may take issue with this approach , and decide you want to sabotage it as posters on here have suggested, by getting signed off with "depression" or being passive aggressive by doing the bare minimum or giving ambiguous instructions to the junior staff to get back at them. Ask yourself what benefit that gives anyone by being bitter, unhelpful and taking it out on junior staff (it really isn't their fault or choice).

Do the right thing, leave with a clean record and don't burn your bridges. You'll get all sorts of crap "advice" on here but that because it isn't their life or their career prospects at risk here.

@Hannahsbananas did I say it was? No.

I suggested the op spoke to a lawyer or union.

Because if there is anything she hasn't mentioned here for eg she's pregnant, that would change everything.

Having a protected characteristic means you shouldn’t be subjected to any discrimination related to it.
It doesn’t give you protection against being let go for reasons other than this.
It’s not a forcefield surrounding you making you like Teflon in the workplace?

You say you haven't got a leg to stand on but that's not totally true.

You haven't mentioned if there are any protected characteristics involved. That would change everything.

It's clearly a complicated area, you could speak to your union or a lawyer. I've pasted a little bit of info below.

In conclusion, an employee with less than two years’ service does not qualify for ordinary unfair dismissal rights but they may still be able to make a claim for automatic unfair dismissal, discrimination and/or breach of contract and so caution is advised before you dismiss any employee.

Hell, just sign off sick. Mental stress their horrible treatment has put you under. Nothing they can do.

I’d ask if there’s anyway you could be put on garden leave.

Without the long term security or promise of a job, what incentive have you got to stick it out? You could do far more harm if they forced you to go in!

Tbh I think I would contact ACAS as I’m not sure how legally they can make you redundant if the company are expecting you to train other people to do the job. Either the job is ‘redundant’ or it isn’t!

They do this at my work too. Make ppl redundant when they have less than 2 years. Often good ppl who are doing a good job. The last person they did this to left immediately, possibly work knew they were v pissed off and could do damage.
Otoh they once ppl have been in post over 2 years they get away with complete incompetence.

What is the period if you give notice? Is it three months or is it less?

I previously left a job without completing my notice period.

The company complained about it verbally to me once I told them I was leaving but nothing else happened.

What difference would that make? She’s been given notice now.

As you have under two years service you don't have the legal right to time off to seek alternative employment unfortunately. A decent employer will allow this however. Best of luck in navigating a smooth exit.

Sounds like a time for malicious compliance

Have you got kids? You could request a bloc of parental leave for some of it.

Personally I’d just work it out and do as little as possible- what can they do about that! Either that or do a few weeks then get signed off sick for the remainder If money isn’t an issue? It sucks and I’d be really pissed off as well but you knew it was a 3mth notice period when took job so there isn’t a lot you can do about it

@Forgotwhat check out the advice given by @CuriouslyDifferent earlier. Very useful I would have thought...

Call in sick with stress. They obviously don’t care about you, so don’t care about them. You should get your sick pay or at least statutory sick pay which will mean you only lose 3 days pay. You would still technically be working your notice

You said the 3 months notice period takes you to 1 year 11 months. Do you have any annual leave accrued to take you to the 2 years?

They absolutely can’t make you come to work so the only question is can they sue you for breach of contract. Firstly that’s not a good look suing employees particularly ones who’ve done their job well and you’ve decided anyway to let go. Secondly I think hard in these circumstances to quantify their loss where really you are inconveniencing everyone but not directly costing them money (in fact they save because they’re hiring cheaper people). So you could just walk out and leave them to figure it out which is a bit risky but PROBABLY fine.

or you can be a bit more creative and if you have kids for example put in a request now to take 9 weeks of parental leave in 3 weeks time. Have a think of any other company policy or statutory rights that get you out earlier

Pull a sicky

Get signed off by the doctor for work stress. Understandable given you’ve been served your notice and are extremely worried about how you will survive and finding a new role.

Go off sick for 3 months with the stress of being made redundant! 3 months off and notice period done! No loyalty owed to them!