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Handed my notice - boss wants me to leave early but unpaid!

41 replies

greyrainbows · 17/07/2024 10:15

Looking for advice here as I'm getting quite frustrated and uncomfortable with things.

Had a new boss several months now and she is very micro managing and all round difficult and hard to deal with - won't get into that here as I guess not really relevant now

So I found a new role, dream role in fact and was (am) elated. I have to give three months notice and the start date from my new employers was in time with this due to their own internal processes etc. More than one person is being hired there so the date is set to onboard multiple people at once. I am completely happy with this.

Handed my notice in my current job with the 3 months as required. All I've had since is pushy behaviour from my boss to go early. While I would love nothing more than to go off on gardening leave, she wants me to leave early unpaid. She keeps saying things like it's summer so it's quiet, I need time off between roles, it's tedious working a three month notice...

She tries to manipulate it that she has my best interests at heart when she definitely doesn't as this is a pattern done previously. She must really think I'm stupid because yesterday she said I'd get some kind of tax rebate if I left early so financially it wouldn't be that much less?!!! What the hell is she talking about 🤣

I've said that I can't afford to take any unpaid leave so will be working until the date outlined in my notice - and I keep continually being challenged on this. I'm getting quite uncomfortable and awkward feeling like I have to justify why I'm still here and need to work until my new role begins!

I've never experienced this before in my life and I'm so shocked by it all. Surely this is unprofessional and shouldn't be allowed?

Would love to hear anyone's thoughts as need to figure out what to do when it inevitably comes up again? Do I push for gardening leave? My performance at this company and in my reviews etc has always been good so it's not a 'me being inept at my job' type thing either.

Genuinely perplexed!

OP posts:
ComeAgainPlease · 21/07/2024 17:15

I agree an email to HR with a copy to your personal account (even if bcc) is better than a call.
My notice period is three months. I have acted professionally and given three months notice with a last day of service as . I have timetabled my workload to this date to ensure I leave the role in a great state for the next employee.

I am being pressured to leave early and without payment. Neither my professional pride nor my bank balance can support this.

Please coach my manager, xxxx, on the employment law involved.

Lifeisapeach · 23/07/2024 07:54

“Thanks for your suggestion Brenda. Happy to leave at an earlier date as you suggested. Please ensure to pay me as per my contract of employment outlining said notice period. Send me in writing your preferred leave date for me and I will work to this. “

MissScarletInTheBallroom · 23/07/2024 07:55

Do you get sick pay? If so I'd ask your GP to sign you off with stress on the grounds that your boss is harassing you.

Andwegoroundagain · 23/07/2024 07:57

Just ignore the boss. Turn up, do the minimum and get paid. Literally ignore her every time she mentions it and just say "thanks but I'll work my notice"

MissScarletInTheBallroom · 23/07/2024 08:00

Andwegoroundagain · 23/07/2024 07:57

Just ignore the boss. Turn up, do the minimum and get paid. Literally ignore her every time she mentions it and just say "thanks but I'll work my notice"

Or, "If you pay my mortgage and bills for the next three months I'm happy to leave before the end of my notice period, Sharon. No? Thought not. See you tomorrow."

OddBoots · 23/07/2024 08:01

Definitely contact HR in writing, either before or after a phone call. It sounds like it is becoming harassment and risks being constructive dismissal.

Ginmonkeyagain · 23/07/2024 08:30

I sympathise. I had this with a horrible workplace. I got a new job after being refused any payrise at all (so in reality a pay cut) due to "a poor performance score" - despite getting high performance scores the previous two years and no evidence provided of supposed "poor performance" apart from a couple of challeges that had impacted the productivity of the whole team.

I had three months notice period but my new employers were keen for me to start as soon as I could. I asked, seeing as they were not happy with my performance and I had been taken off my main project when I handed in my notice, if I could leave after 6 weeks instead but was told I could not as my role was "business critical". They also tried to stop me taking any leave during the period but also said it wasn't policy to pay a lump sum in lieu of leave taken.

I took it all the way to the top of HR and got my six weeks notice agreed plus my remaining leave paid in my final pay slip. The massive fucking pricks.

Later on I found out that before I handed in my notice another department were thinking of offering me a better paid role as they really rated me and the whole thing was driven by an inexplicable issue my (newish) manager had with me.

Too little too late. They are now dead to me.

PlanningTowns · 23/07/2024 08:38

Is she telling you this verbally? Next time ask her to put it in writing so you can consider it. Send the HR and state that you are being asked daily to take unpaid leave for the remainder of your notice period. You would be happy to leave early if a settlement agreement was reached which is at least the equivalent to what you would be entitled to plus 10% for the harassment you are facing daily from your manager… I joke (we’ll sort of because it is worth a try!) but you absolutely need to contact Hr in writing and if necessary raise a grievance against her on the basis of this harassment (look at your bullying and harassment policy / code of conduct and grievance policies. And also ask them to remind the manager of said policies.

one thing that comes to mind is that she maybe saying take unpaid leave but without working your notice you will be breaching your contract. I can’t imagine she has the authority to agree this. So if you don’t want to do the above the other option is to repeate - it will be a breach of my employment contract if I leave without working my notice.

sadabouti · 23/07/2024 08:38

Raise a grievance with HR. Also explain her micromanagement is why you're leaving. They can do with it what they want (probs nothing), but they can't sack you over it. It might lead to paid garden leave, or her being told to pipe down .

Collaborate · 23/07/2024 08:42

Pay in lieu of notice is free of tax, unless it's contractual (do check) so there is a deal to be done there. Say your net pay is £2k each month after tax, but is £2400 before tax. Tell your boss you'll take £2200 each month in lieu of notice. Split the saving.

justforthisnow · 23/07/2024 08:44

PlanningTowns · 23/07/2024 08:38

Is she telling you this verbally? Next time ask her to put it in writing so you can consider it. Send the HR and state that you are being asked daily to take unpaid leave for the remainder of your notice period. You would be happy to leave early if a settlement agreement was reached which is at least the equivalent to what you would be entitled to plus 10% for the harassment you are facing daily from your manager… I joke (we’ll sort of because it is worth a try!) but you absolutely need to contact Hr in writing and if necessary raise a grievance against her on the basis of this harassment (look at your bullying and harassment policy / code of conduct and grievance policies. And also ask them to remind the manager of said policies.

one thing that comes to mind is that she maybe saying take unpaid leave but without working your notice you will be breaching your contract. I can’t imagine she has the authority to agree this. So if you don’t want to do the above the other option is to repeate - it will be a breach of my employment contract if I leave without working my notice.

This 100%. Being asked to put that offer in writing will certainly focus her mind. And then no need to do or say anything more, await HR response.

OpizpuHeuvHiyo · 23/07/2024 08:54

You are perfectly correct. You have given 3 months notice and are contractually entitled to have those 3 months paid. If they don't want your services they can put you on gardening leave but they have to pay you if they force you out early it would still be an illegal unfair dismissal.

Employers are far too eager to put 3 months notice into contracts when they are worried about getting a replacement in quickly if you leave at a busy time but the cost of that security for them is having to pay if an employee gives notice in your kind of situation. They can't have their cake and eat it. If they want the convenience of getting an employee gone swiftly after they give notice if they would prefer them gone soon they also have to accept the inconvenience of losing someone too quickly if they give notice when they are needed most.

You aren't responsible for your employers making a bad choice about what contractual notice to choose. They have to stick to it now.

IMustDoMoreExercise · 23/07/2024 09:05

greyrainbows · 17/07/2024 10:15

Looking for advice here as I'm getting quite frustrated and uncomfortable with things.

Had a new boss several months now and she is very micro managing and all round difficult and hard to deal with - won't get into that here as I guess not really relevant now

So I found a new role, dream role in fact and was (am) elated. I have to give three months notice and the start date from my new employers was in time with this due to their own internal processes etc. More than one person is being hired there so the date is set to onboard multiple people at once. I am completely happy with this.

Handed my notice in my current job with the 3 months as required. All I've had since is pushy behaviour from my boss to go early. While I would love nothing more than to go off on gardening leave, she wants me to leave early unpaid. She keeps saying things like it's summer so it's quiet, I need time off between roles, it's tedious working a three month notice...

She tries to manipulate it that she has my best interests at heart when she definitely doesn't as this is a pattern done previously. She must really think I'm stupid because yesterday she said I'd get some kind of tax rebate if I left early so financially it wouldn't be that much less?!!! What the hell is she talking about 🤣

I've said that I can't afford to take any unpaid leave so will be working until the date outlined in my notice - and I keep continually being challenged on this. I'm getting quite uncomfortable and awkward feeling like I have to justify why I'm still here and need to work until my new role begins!

I've never experienced this before in my life and I'm so shocked by it all. Surely this is unprofessional and shouldn't be allowed?

Would love to hear anyone's thoughts as need to figure out what to do when it inevitably comes up again? Do I push for gardening leave? My performance at this company and in my reviews etc has always been good so it's not a 'me being inept at my job' type thing either.

Genuinely perplexed!

Just ignore her and stop justifying your stance. Just tell yourself that her behaviour is exactly why you are leaving.

Sorrry, didn't mean to quote the OP. I have tried to remove it but can't. Is it possible to edit my post to remove the quoted post?

TemuSpecialBuy · 23/07/2024 09:35

My old boss offered this i laughed in his face.
And proceeded to fart about the office for 2 weeks doing not much before having an elective health proceedure and taking the rest as paid sick leave which let me redecorate my house

LlamaLoopy · 23/07/2024 16:51

Put it in writing ….

Further to your invite for me to leave before the end of my notice period I thought it worth me formally replying so we do not have to address this again.
As per my letter of resignation dated xxxx my 3 months notice will end on xxx and I have no intention of brining this forward so decline your invite to leave before this date. Should the business feel they need me to leave before this date I will be happy to discuss paid garden leave until the end of my 3 months notice period.

you can then shut down the conversation if it starts again pointing her back to your email and if necessary forward onto HR telling them despite you clearly confirming you have no wish to leave early she continues to pressure you.

Notreat · 23/07/2024 16:55

Tell her you are honouring your contract. If she wants you to go early you will but then she will have to pay you for those three months. And if she continues being difficult talk to HR. Or just shrug and ignore her knowing you are leaving soon

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