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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:
HisNibs · 02/06/2023 13:36

As others have said, what would be their grounds for suing you if you went early? They've already stated that you/your position are no longer required. What if you find a new job with someone else and they need you to start in 3 weeks time (and won't wait 3 months)? Since it was their decision to dismiss you, I'd love to see their reasoning to legitimately prevent you from taking other permanent employment. In your position I would a) turn up for work but do my very best not to hand over any all of the necessary information, b) go to every interview I could (they cannot prevent you from doing this if they have dismissed you) and c) go as soon as possible once you get offered a job you're happy with regardless of how much notice is still left be that 11 or 3 weeks left.

itsgettingweird · 02/06/2023 13:26

What has been the wording?

I'm no legal expert or expert in employment law but my understanding is if they have said redundant then they are saying the role no longer exists. Therefore you have some leeway I would think to argue about leaving and not training new colleagues.

I know the 2 year rule means companies can just get rid but I'm thinking you just give your months notice or whatever by law and go. Don't make a huge effort to train new staff fully as they expected that to take 3 months and ensure they can't be trained to use the whole system.

But I'd be taking advice from ACAS or similar because I think there's a few things at play here.

amberneme · 02/06/2023 13:21

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MyrtlethePurpleTurtle · 02/06/2023 13:19

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

PILON is no longer tax free

NEmama · 02/06/2023 13:18

Take all owed leave. Awful treatment

MyrtlethePurpleTurtle · 02/06/2023 13:10

CleanCar · 02/06/2023 10:16

Sorry to hear that. I would ride it out and do the bare minimum! Save most of the work for whoevers taking over! In the meantime, get your CV up to date/linked in and start job hunting. Best of luck 🤞

This!!

Rosscameasdoody · 02/06/2023 12:54

BluebellBlueballs · 02/06/2023 12:33

It could still be redundancy. Perfectly acceptable within the law to 'cut a job up ' and give those duties to others in a different job as an add on. Happens all the time.

That should only happen in specific circumstances though - redundancy is illegal if the bulk of the role still exists, and that certainly seems to be the case because despite only being obliged to give one weeks’ notice the employer is willing to pay the OP for three months while she trains other staff up. ACAS will be able to advise.

Toooldtocareanymore · 02/06/2023 12:53

I am not a lawyer or specialist in employee law but my understanding of the position is different to what many are stating, so maybe get a qualified professionals advice, but I believe you can leave when you want, as my former boss used to say there is no such thing as slave labor in this country you can never force someone to work for you, what they can do is not pay you for time you are not working, not give reference or cite this as examples of behaviors or reasons you were sacked - when clearly its not , the only issue you may have is that you cant work for someone else during this period, then you may be in breach of contract. So they cant make you show up for work but could stop you working elsewhere. You could be signed off for stress caused by what they have done, or you could say that your feel their actions have made your position untenable and the relationship has broken down and you cant work there any more. From employers perspective this would be a far worse scenario as they may have to pay you but you are not there , than if you agree to leave early.

Tarantella6 · 02/06/2023 12:49

You can't force someone to go to work. You can't turn up to their house and physically drive them to the office.

I think I'd go for dialling it in and effectively getting 3 months money for nothing. But if you want to leave, all they can really do is not pay you. They may be able to sue for breach of contract but it seems unlikely to be worth their while.

Rosscameasdoody · 02/06/2023 12:48

TiredCatLady · 02/06/2023 11:59

Go to ACAS.

I don’t know what reasoning they’ve given you for making you redundant but, as they’re expecting you to train other people to do your job, if it’s “your role no longer exists” then they are breaking the law.

Get everything in writing, take copies of all emails and communications with them. Work to rule in the interim (only your contracted hours, only your specific duties) and line up as many interviews as you can. If they’re making you redundant then they can’t refuse you time off to attend them.

This was my point upthread a little. Essential tasks can be redistributed among other staff if the company need to downsize, but if there is a need for the OP to train others extensively over three months then to my mind the role still exists. I agree that some advice from ACAS or a solicitor versed in employment law is wise, to see whether the employer is trying to manipulate redundancy rules to suit the situation - for example why give three months notice when the OP has been employed for less than two years, and one weeks’ notice would be sufficient ?

TortolaParadise · 02/06/2023 12:47

CleanCar · 02/06/2023 10:19

The reality is, were all just a number on a spreadsheet. They don’t care about you/your circumstances etc. its hard not feeling bitter about these things. Onwards and upwards 😊

Very true. This is why I always say the less personal stuff you share at work the better. They don't care! Fake smiles...

innerspace · 02/06/2023 12:41

MaterialGirl1978 · 02/06/2023 12:38

If we sense that a leaver is going to be toxic, upset the team, we pay them 3 months to exit them asap without fuss. You can try that to see if you can get paid to leave - act difficult.

But they NEED op though..sounds like they’d be in trouble if she refused to train her cheaper replacement. They are not going to let her go.

MaterialGirl1978 · 02/06/2023 12:38

If we sense that a leaver is going to be toxic, upset the team, we pay them 3 months to exit them asap without fuss. You can try that to see if you can get paid to leave - act difficult.

Anyport · 02/06/2023 12:36

I would be carefully reading my job description and sticking to the letter. Good will is immediately withdrawn.

Catspyjamas17 · 02/06/2023 12:36

First of all I'd ask to leave in two weeks with a quick handover and go on paid gardening leave as now you have to look for another job. They can't have it both ways - either your role is redundant or it isn't. If other staff require detailed training to take over your role then your role isn't redundant.

If you can't agree this, take all annual leave due in the period and say that you don't have time to train staff because now you have to look for a new job. Write a good but not detailed handover document.

innerspace · 02/06/2023 12:34

I think this is a hill I’d die on. I’d leave.

BluebellBlueballs · 02/06/2023 12:33

Rosscameasdoody · 02/06/2023 11:46

A couple of questions OP. Are they dismissing you or making you redundant ? Because I don’t really see how it’s redundancy if they want you to train other members of staff in your job before you go - redundancy refers to the job itself no longer being required, not the person doing it.

Secondly, if you have been with the company less than two years, would your notice period take you over the two years ? If so, you would then have full employment rights and be entitled to statutory redundancy pay.

Do you also know that if you have been with the company less than two years, the normal notice period would only be one week ? It seems to me that the company are trying to dress this up as redundancy when it’s actually not, and the three months notice period is designed to give you enough time train other members of staff and pass on the benefit of your experience before you go. I would take some advice from ACAS to clarify what the company are actually entitled to do under redundancy rules.

It could still be redundancy. Perfectly acceptable within the law to 'cut a job up ' and give those duties to others in a different job as an add on. Happens all the time.

willWillSmithsmith · 02/06/2023 12:23

Campervangirl · 02/06/2023 12:11

Personally I would walk out but I'm an arsehole.
My attitude would be "what're you going to do about it" I'd drop them in the shit without any thought to the consequences.
However, op's are correct, do you need a reference, would they sue you etc.
I'd still walk out and let them do their worst.
I don't advise you to do this 😁

Sometimes you just need to be an arsehole 😁 I regret not just getting up and walking out of a job I had when I was younger.

PupInAPram · 02/06/2023 12:23

Use up any annual leave, go for job interviews and medical appointments, take sick leave if you sneeze once, do a half-arsed job on handing over (you've already said it's not possible to train a junior to do your job, so lean into that). After you leave, sit back with popcorn and enjoy the s**t-show.

Paq · 02/06/2023 12:20

OP is not indentured labour. Everyone can break a contract. They can't show up at your house and drag you into the office. They could take legal action against you for breach of contract (unlikely) and of course your reference would reflect your actions but if that doesn't bother you then go for it!

possomblossom · 02/06/2023 12:19

@TiredCatLady great advice.

willWillSmithsmith · 02/06/2023 12:18

People walk out of jobs all the time, surely there must be some way you can leave early? I suppose it all depends on how much you’d need another job reference.

GladitooktheHighRoad · 02/06/2023 12:16

I’m probably going to be trashed for this but
On the basis they’ve given you notice within the two years

Id make sure I arranged lots of interviews (they don’t necessarily have to exist ) for new jobs on their time. They have to allow that.

Then maybe you could get Covid a few times😉 so there’s a few days off.
Etc.

Its horrible having to work out one months notice but it is going to be hard and very depressing.

In the meantime just ask if you can go early.

meatyryvita · 02/06/2023 12:16

OP, how long have you been there exactly? How long ago was your start date?

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