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Given notice at work

309 replies

Forgotwhat · 02/06/2023 09:50

My work has given me my notice - 3 months and I’ve been there under two years-so I don’t have a leg to stand on.

I don’t desperately need the money-can I just go? I don’t really want to carry on working for them for another 3 months to hand things tidily over to other team members etc.

Basically I have set up a department and way of working for them, and now mostly the grunt work is done they want stuff taken over by cheaper members of staff (basically I am redundant with no redundancy rights) it’s all fine, I just don’t really want to spend three months training people how to do my job and showing them the tricks of the trade when they’ve decided to end my employment.

can I just say that’s absolutely fine, I don’t need a notice and I am happy to forgo that and leave today? I know if I give notice I have to work it- but this is different the decision to go isn’t mine-so I don’t feel I need to honour it?

OP posts:
FlamingoQueen · 03/06/2023 07:32

Did you know when you took the role that this may happen?
I just think it seems so unfair if you weren’t expecting it. I would have a conversation with them and say it’s a bit of a bummer and depending on their reply - go sick! Three months is a lot of notice to give.

Noodles1234 · 03/06/2023 07:29

Ask to leave early, you may need a reference in the future.

When they say yes / no, I’d be suddenly a bit rubbish, possible cold and sore throat / Covid etc (likely not to be paid).

do a rubbish handover, don’t give away all your hard earned future “gems” of knowledge. They have disposed of you and now you of them.

good luck for the future.

melissablissful · 03/06/2023 07:26

Get signed off sick. Don’t work. Or do the very bare minimum during your “handover”. I’d be pretty pissed too. Talk to ACAS and check they’ve handled this properly. Despite the 2yr rule you might have claims under protected categories (age, gender, race, religion etc). Worth asking an employment lawyer. But regardless, you have every right to be pissed.

AgnesX · 03/06/2023 07:22

Go off long term sick .....?

SeasonFinale · 03/06/2023 06:54

dammit88 · 02/06/2023 10:59

Were you on a temporary contract or short term fixed contract or was it meant to be permanent?

Makes no difference if her contract says they can terminate on 3 months notice from either side.

Budikka · 03/06/2023 06:45

SchoolShenanigans · 02/06/2023 10:15

Personally I'd stay and do the very bare minimum. Do a shit handover, tell them you've documented it all but only do the basics.

You'll want their reference and the money cant be sniffed at. Come across helpful, even if you're not. YANBU to be pissed off.

I think the above is very good advice!

AlisonDonut · 03/06/2023 06:36

CantHaveTooMuchChocolate · 03/06/2023 01:54

They should have been more honest then and hired a fixed term employee or contractor.

What should they? They are operating within the current UK law.

CantHaveTooMuchChocolate · 03/06/2023 01:54

bonzaitree · 02/06/2023 16:24

Just to offer an alternative perspective …

In the nicest way possible OP… it’s business. It won’t be personal. They hired you to do a job. You’ve completed that job. So they don’t need you any more 🤷‍♀️

This is entirely predictable. Companies do not owe you a job. They will 100% bin you as soon as you’re not convenient for them any more. It’s the same for everyone.

it sucks! But that’s life.

Treat your next job accordingly. Realise and embrace that you could be binned at any time. Plan accordingly. Scout the job market and salaries minimum of once a quarter. Move when YOU are ready. Drop any company instantly for a pay rise.

Jobs are not for life.

honestly I’d take the three months salary. Style it out doing not very much for the whole summer (nice!). Job hunt like it’s your job now.

They should have been more honest then and hired a fixed term employee or contractor.

Worriedatwork1 · 03/06/2023 01:00

Notice periods are notoriously hard to enforce, as people if told they can’t go usually just go off sick! If you leave tomorrow the worst they are likely to do if mention it in a reference if you need one

Teenagehorrorbag · 03/06/2023 00:57

AlisonDonut · 02/06/2023 10:22

OP what is YOUR actual notice period?

This. There is a difference between the period of notice an employer has to give an employee (under their contract) and the reverse. They might have to give you three months notice but you may be able to exercise your statutory period which I think is a week, unless your contract says otherwise. Although obviously you'll lose that three months pay.

If there's nothing in your contract, then I don't blame you. Give them a written week's notice then walk.

Godlovesall26 · 03/06/2023 00:54

thecatsthecats · 02/06/2023 10:21

Personally I'd stay and do the very bare minimum. Do a shit handover, tell them you've documented it all but only do the basics.

And a shit handover doesn’t even mean doing a bad job on the documents etc.

I've just left a job that included managing a system that I have ten years' experience of. They wanted me to handover to a colleague with ZERO experience, and get her as good as me.

I wrote a handbook that was pitched at someone with my knowledge and experience. They did not hire me to train a novice as a SysAdmin.

I’ve known someone to do this. Perfect handbook, voluntarily speaking extremely technical during that time, incomprehensible for novices but technically perfect instructions. No issues, although the guy was very senior and didn’t need references in any case I think, I don’t know if this kind of approach would affect the references

GloryBees · 02/06/2023 22:10

It is what it is - under 2 years you have very limited rights. I’d think a lot of people would wish they had 3 months to find a new job. It could be only 4 weeks.

abcde124 · 02/06/2023 22:02

You said somewhere it is a small business, have you actually spoken to them about how you feel about their timing and you being expected to train someone up to do your role that is not being paid as much as you?

Sometimes communicating helps you understand what’s going on.

you may be 100% right with what you’re feeling, but this may not be the case?

Hannahsbananas · 02/06/2023 21:34

Dreamlight · 02/06/2023 21:25

We had someone in my office that had worked for us for 18 months, clearly hated what they were doing and only just did enough to keep their head above water. We were told categorically by our HR that you cannot just get rid of someone even under 2 years service, without good reason. You have to go through a capability process, and only if they fail that can you fire them.

Definitely speak to ACAS or if you have legal on your home insurance speak to them, mainly so that you know where you stand.

Well that’s clearly balls. You can sack someone with less than 2 years service who demonstrates poor performance perfectly easily.

Dreamlight · 02/06/2023 21:25

We had someone in my office that had worked for us for 18 months, clearly hated what they were doing and only just did enough to keep their head above water. We were told categorically by our HR that you cannot just get rid of someone even under 2 years service, without good reason. You have to go through a capability process, and only if they fail that can you fire them.

Definitely speak to ACAS or if you have legal on your home insurance speak to them, mainly so that you know where you stand.

PinkFrogss · 02/06/2023 20:46

wowseroonie · 02/06/2023 15:09

Hello

HR person here and apologies if someone else has said this. Have they consulted with you that the role is redundant or just told you their decision. They should consult and it’s likely that will take you even closer to your 2 years of service. Legally, you have an argument that if your notice period takes you over the 2 years then you are deemed to have the rights in many cases. So I’d first ask about the consultation and see where that takes you.
I appreciate it doesn’t necessarily give you a significant settlement but might make them think twice about doing the decent thing for you or for others in future.

good luck.

I sincerely hope you don’t actually work in HR.

OP discuss with your employer, they might be willing to release you early. Do you/can you work from home? I’d do the bare minimum work from home you can, and job hunt during the day.

If they want you to do training tell them you don’t have time, you are working at full capacity. Send them a list of your tasks and the consequences of each one not being completed, ask which ones you shouldn’t do in order to facilitate training.

NeverDropYourMooncup · 02/06/2023 18:11

thecatsthecats · 02/06/2023 10:21

Personally I'd stay and do the very bare minimum. Do a shit handover, tell them you've documented it all but only do the basics.

And a shit handover doesn’t even mean doing a bad job on the documents etc.

I've just left a job that included managing a system that I have ten years' experience of. They wanted me to handover to a colleague with ZERO experience, and get her as good as me.

I wrote a handbook that was pitched at someone with my knowledge and experience. They did not hire me to train a novice as a SysAdmin.

That takes me back to the last days of one role. A month of doing nothing but the Manual. Making the manual beautiful and easy to read and uneditable. Oh, and completely useless without additional manuals in structural engineering, network engineering, electrical engineering, electronics, physics, logic, programming, a 3D exploded model in multiple layers of half the site in your head and having 'the knack' of knowing exactly the tiny variations in pressure and motion with multiple running repairs in order to adapt to issues on the fly without the console doing a big, noisy NOPE.

Low skilled job that any idiot could do, right? I've done the manual. It shows you exactly how I got things to work - excluding the stuff outside the screen grabs as that didn't count, apparently. And it won't work like that for anybody else because although I've made a point of showing the settings, that doesn't take into account all the other external things they were dependent upon. Should take about five years for you to work those out. I've included details of what to do/how to avoid the really dangerous thing for the protection of those attempting this, though, as I'm not being held responsible when you ignore that part of the manual.

Livingtothefull · 02/06/2023 18:04

BetterFuture1985 · 02/06/2023 16:43

The law is not quite as clean cut as that. It depends on the circumstances of the dismissal. Also, I said wrongful dismissal to which the 2 year rule does not apply (and it doesn't apply to automatic unfair dismissal either). Working out the circumstances might lay out the basis for a claim.

Once you have a claim, the OP can go to their employer and say "look, I just want to go. I can make this claim against you, but if you just let me go now we'll call it quits."

There are about 60 grounds for automatic unfair dismissal, many of which the 2 year rule doesn't apply. The OP can probably find one 😁

I agree with this. Maybe the Op has a protected characteristic, or has carried out health and safety activities? Or raised a workplace concern? Could this have prompted their decision to let her go immediately before 2 years are up and without any process?

It doesn't matter whether it has or it hasn't, the point is to look for grey areas of any evidence which suggest that the Op might have an unfair dismissal claim. She could use that as a negotiation tool and seek an amicable conclusion....tell the employer that she is 'concerned' on their behalf about the circumstances and feels duty bound to let them know about the reputational and legal risk to their organisation.

Yes it's bullshit...but the employer can't prove that. The Op could use that as leverage to get a better deal, perhaps an extra payoff, paid time to attend interviews, a positive reference detailing all the good work she has done; she could even offer to draft it herself for them to sign (I did this at one previous job....factual but glowing!!)

All in return for her dedicated work until her last employment day in meeting agreed targets and completing tasks, and ending on a positive note. Win-win.

Needapadlockonmyfridge · 02/06/2023 18:02

BlockbusterVideoCard · 02/06/2023 16:47

OP it is somewhat unfair that they have engineered it to be within the two years, but the experience of setting up a new system and a good reference for it will take you far. I would echo what others have said about not burning the rungs of the ladder. I don't think you have more than a moderate gripe here.

And three months is quite a good notice period (although does that take you over the 2 years, double check what your rights are and whether they have miscalculated something in a way that might be in your favour).

Occasionally we have somewhere we never ever would go back to even if the chips were severely down, for good reason, but this is not the case mostly and not the case here.

and want me to spend three months training the people to replace me!

In fairness, you will be doing this during the work hours you are being paid for so there is nothing wrong with them wanting you to do this.

Ah, but while OP is doing this training, who is dealing with OP's regular workload? Effectively she is bring asked to undertake more than usual?

OP how much "spare" time do you currently have - or can make - in your working week? It might be an hour I suppose at a push ...? How well can you train someone in an hour a week?! 😎

Nanny0gg · 02/06/2023 18:00

Lemons1571 · 02/06/2023 17:37

Do employers withhold references often? I can’t imagine it’s worth the hassle - ex employees calling up and taking time/resources to argue their case. Surely even if you leave early, thereafter they just issue the standard tombstone - dates worked from / to, the end.

Because at these later dates, the employer has nothing to gain from being difficult about a standard factual reference. Most employers, particularly large employers, don’t bother holding a grudge once the employer has left do they?

A friend of mine worked for a company that never issued references for anyone. It was shit for a number of other reasons too

TerfIngOnTheBeach · 02/06/2023 17:43

HurdyGurdy19 · 02/06/2023 11:07

Sorry if this has already been said (I haven't currently got my glasses with me so can't read clearly) but ask them about PILON (payment in lieu of notice).

I had this about 12 years ago, so it may be different now, but it meant I left immediately and got the money owing to me tax free

I’ve just taken voluntary redundancy and the month’s PILON I was paid was taxable, I think this is is a fairly recent turn of events though. I didn’t get taxed on the redundancy for the first £30k.

Crikeyalmighty · 02/06/2023 17:41

An awful lot of companies do this rather than pay contractor rates- but yes it sucks!! I can't see what they could do other than not pay you- which you aren't fussed about- I think I would say that you would prefer a month just to do a handover - better to keep it sweet and think 'f* you' in your head

Lemons1571 · 02/06/2023 17:41

To add, I was in a very similar position once. I issued a redundancy counter notice - said I’d found a new job, needed to take it up early for ongoing future financial reasons, and therefore I was shortening my notice period.

i also put in the bullshit about willing to do a full handover. They didn’t argue. I too was just under 2 years service.

Re the training / handover - a good / bad handover is subjective. If you can’t be arsed and it’s lacking, they can’t do or prove anything. Can’t exactly put you on performance management while you’re already working redundancy notice!!

BlooberryBiskits · 02/06/2023 17:40

Hi OP - sorry to hear that, it is really crap!

I think I would take the 3 months notice but not make much effort and use the time to find a new job!

While you may not need a reference, in my experience EVERY workplace I’ve ever been in I have met old colleagues so I’d try to keep my exit undramatic to avoid creating gossip

Prep for interviews etc on company time: when my team were out on notice (private sector) we were all told 2 days a week was reasonable

You are not employed as a trainer so whilst I would not refuse, I don’t think anyone can expect you to be very good at it!

MrsPinkCock · 02/06/2023 17:39

newtb · 02/06/2023 16:47

Don't know if it's still the case, but I was told that even if your t+c's state 3 months, if you're paid monthly, a month's notice is all they can hold you to.

That’s never been a thing!

Your notice period is whatever your contract says, or the statutory minimum, whichever is greater.