Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to walk away from work 3 days before my last day because I'm angry and upset, maybe for a stupid reason?

58 replies

onmyhighhorse · 26/01/2012 17:01

Some perspective would be really helpful, but please don't be too damning as I?m pregnant and I think my upset may be hormonal and not reasonable (hence why I?m asking!).

I'm 23 weeks pregnant and decided to resign from my current employer because my work is very stressful. It is stressful because my manager is amoral, unethical and a nasty piece of work. However, he is very senior within the company so complaining would have been useless.

My resignation means that I forefeited maternity pay. I just could not work a moment longer as I really cannot stand this man and it has become a personal dislike as well as a professional one. I don?t want him to have any reach, influence or power over my life. Having worked for him for over 3 years, I've paid my dues but I was not willing to risk the health of my pregnancy as I was so stressed out by him.

Having worked 3 months notice, I now have 3 days left until the end of the month.

Bonuses and pay-rises were given today. When I say bonus, I don't mean anything monumental, just a back-office compensation within financial services. I'm (disproportionately??) angry and upset that I was not given a bonus, nor was it explained to me why I did not get one.

Per our compensation policy, the bonus is paid in respect of the year's performance, for which I was assessed well as I have worked very hard in a position of responsibility. There is no clause saying that this is not payable during notice. I know that this was a personal decision made by my manager as we do not get on. This is why I'm upset I think, as well as being hormonal and pregnant!

It's not about the money, it is about the recognition that I worked a good year and extended my notice period to cover the year end (January) as my team were short staffed. I work a lot of extra hours and put in considerable extra effort. I feel that what he has done is unethical, though technically not wrong as a bonus is discretionary.

I'm so disproportionately upset that my efforts haven't been recognised that I don't want to work my final 3 days. I want to leave tonight and let him pick up the huge amount of work he expected me to complete before the 31st.

I'm ready...please tell me how unreasonable I am....but please be gentle because as I said, my petty response could well be down to hormones.

OP posts:
Nixea · 26/01/2012 17:16

She's already forfeited her maternity pay by resigning. It's in the op. So that's actually irrelevant in the decision to work her full notice or not. I agree with the others that have said call in sick for the last three days. That way you've still worked your full notice period and never have to go back.

StayForNoone · 26/01/2012 17:17

Easy for me to say but I would probably work those last three days.

My first job when I was 16 I was badly bullied by my manager. My cousin worked there a good few years before me and they hadnt got on. When the manager found out we were related she turned on me. To the point she would set things up to get me into trouble. I know this after she offered to frank the mail for me one night. I was highly suspicious and checked the mail myself to find a good few had the postage well out. Anyways I worked there for a year, often crying at the weekends at the thought of going back. I had enough when she wouldn't let me leave work when my ex fiancé was rushed into hospital with heart issues. I put in my notice and she made that last month an absolute living hell but I was determined to finish there properly. I didn't want anything bad on my cv for future jobs.

So yes I would probably work those last three but I can see why you wouldn't want to and you have pregnancy on top of it all. So no judgement either way. I hope things work out for you Smile

wannaBe · 26/01/2012 17:20

firstly, check your employee handbook (which will form a part of your contract) and check that there is no stipulation on bonuses. To be honest, I would be very surprised if there isn't, anyone I know who works for a company that gives bonuses has to be working for the company on a certain date in order to qualify.

Either way, I'm afraid you would be unlikely to have any kind of case as bonuses are discretionary.

Yanbu to be annoyed, and if your manager is as awful as you say I would be really tempted to just call in sick and leave him with the work...

onmyhighhorse · 26/01/2012 17:22

Thanks for the responses...I thought I was going to get shouted at!

I work in the Channel Islands (though from UK) and there are no EU employment laws here. Otherwsie, I'd consider constructive dismissal or tribunal discussions as I feel that I've been treated as a leper given that I'm a pregnant woman in a mans world.

I agree with you that I should have taken my mat leave and was naive to resign, but I was early in my pregnancy and just was so unhappy that I was concerned I would lose the baby. Long term sick in my line of work would be a huge stigma as it is disclosed in references (even pregnancy related).

I'm not dependent on him per se for references as these are from HR and just include pay, service and sick leave. However, I do work in a professionally small community - if I chose to return to the Channel Islands to work after this baby then it would be likely that we would know people in common.

I don't want to be unprofessional because I have worked very hard at my career and not being seen as emotional / weak / reactive. I am angry though.

I also worry that my colleagues will be let down - all they will see is that I've decided to walk out 3 days early and be irresponsible. A tough one (for me...)!

OP posts:
onmyhighhorse · 26/01/2012 17:25

Whatever theweather - not barclays but one of their contemporaries!

I know that the rest of the team all got good bonuses.

OP posts:
HeartsTrumpDiamonds · 26/01/2012 17:29

As I'm sure you know, pregnancy-related discrimination is covered very well under the Equality Act. Here is what I would do:

Call in sick for the 3 days.
Get a good solicitor.
Sue the company for discriminating against you (by not paying you a bonus) on the grounds of your pregnancy (which is the reason for you leaving).

olgaga · 26/01/2012 17:33

OP, as I understand it you have already resigned and have three days to go to complete your notice period. If you do not complete your notice period, and have no valid reason (such as sickness) you might jeopardise your reference and you might come to regret that in future.

If you can, go in and ask your manager for an explanation as to why you did not get a bonus. I wouldn't bother asking HR as they'll probably refer you to your manager anyway. When you've had the discussion, tell him you would like the reason(s) in writing.

If you can't face doing that, just call in sick - say you have a stomach bug or something. For three days you would normally self-certify anyway. Then write to him to ask for an explanation as to why you did not receive a bonus.

Then go to an employment lawyer. If the reason given for non-payment of bonus involves your pregnancy in any way, you might have a sex discrimination case.

HeartsTrumpDiamonds · 26/01/2012 17:37

X-post with you OP - I see you are not in mainland UK so I guess you should ignore my last post. YANBU at all by the way.

Your health and that of your unborn baby are the most important things here and that is what you are prioritising - well done.

I feel like I know your manager. Worked for many a type like that in the past in what I am assuming is a similar sort of field. Now I work in a completely different environment and while not quite as lucrative, it is SO much better for my stress levels, work/life balance, family, etc etc etc

I hope it all works out for you. Given what you said about letting down your true colleagues, I think I would probably try to work until your stop date.

Heswall · 26/01/2012 17:37

Constructive dismissal springs to mind. Make notes get legal advice.

wannaBe · 26/01/2012 17:42

I've just asked dh about this, he doesn't work for a bank but does work in the financial sector (think trading platform used for bonds), and knows plenty of others working in the banking sector. He said it is really common for any financial institution that pays bonuses to do so with the stipulation that you cannot be within notice or have left at the time the bonus is paid (i.e. on the actual date of payment rather than the date of announcement iyswim). This is why there is usually a raft of resignations from the banks at around Christmas and in March which is when many of the bonuses are actually paid.

Tbh I would be really surprised if you're actually entitled to a bonus given you're on your notice period, as this is usually something companies use to encourage their employees to stay.. (or rather, discourage them from leaving).

Dh did say that it may be possible to make a case (if you're entitled) against your manager if you can prove that everyone else got a bonus apart from you. But he did say that it would be difficult, because discussion of bonuses within the industry is generally not allowed and in some is even a sackable offense.

I'm not sure I would go to court. If the industry is as insular as you say, going to court will almost certainly ensure you never work in that industry again. It's not right, but for the amount of money you would win it's not worth it either.

Beamur · 26/01/2012 17:47

What a horrible situation.
Not quite the same, but I was bullied on a work placement and when I raised the exploitative nature of the firm in question with the training providers (they had loads and loads of 'trainees' doing shit jobs to cut costs with no prospect of employment or really adding to their employability elsewhere) and said I would like to leave and be placed elsewhere, the manager found out I had asked to leave and then tried to do a complete hatchet job on me. Luckily the training people believed and supported me, and finished my placement, but asked me to finish to the end of the week. It was stressful going in and the manager in question went from being all nice and friendly to me to incredibly cold and hostile, but I stuck it out. To this day I am quite proud of myself for doing that, I was a young woman not experienced in the world of work and felt I had acquited myself well.
In your shoes, I'd try for the moral highground and finish those 3 days but not work myself into the ground in doing so - if there is too much work to do, then spend sometime documenting what still needs doing so it is easy for the next person to pick up and pass it back up on your last day. Unless the prospect of doing this is actually making you ill.

awomenscorned · 26/01/2012 17:52

He sounds a right tit. Hmm However it is only three days, for the sake of a refrence and your reputation I would either stick it out or go off sick.

I don't blame you for resigning, it sounds like the best for you and your baby, however why didn't you go off sick with exhaustion or something?

I would speak to HR, is that legal rebonus?

awomenscorned · 26/01/2012 17:57

Oh ok read you are in the channel islands. I think from the further info given, you should go off sick now, the refrence sounds basic and is from HR, he doesn't like you anyway so mentally think 'fuck you' and enjoy the reat of your pregnancy. Congratulations BTW. Smile

ChazsBrilliantAttitude · 26/01/2012 18:01

I am sorry to say that as WannaBe's DH says in financial services bonus payments are usually dependent on you not having given notice to leave your job i.e. you can't be in a notice period on the payment date.

So your company is not doing anything different to most financial services companies. If you are in your notice period you do not get a bonus.

onmyhighhorse · 26/01/2012 18:08

wannaBe, Chazs - I would agree with you about the fact that companies do not typically pay out bonuses in notice. My company does not rule this out in their policy though.

I thought I had dealt with this because when I gave notice a few months ago I told myself not to expect a bonus. However, when the notices were given today I suddenly felt really angry about it because a) there is nothing in our policies to preclude bonus payments in notice and b) I have wroked my backside off in extra hours and extra work for this Ahole. I wish I had put my feet up now!

He has made purely a personal decision.

I think I will have to work the 3 days though. I don't want a stain on my reputation after a few years of career focus.

OP posts:
dandelionss · 26/01/2012 18:13

I think you have been bonkers! why didn't you get signed off sick with stress for a few weeks and then you'd get your maternity pay.

onmyhighhorse · 26/01/2012 18:16

I know - bonkers. He just is such an amoral and horrible person that at the time, it felt like the "moral" thing to do. Was a ridiculous decision as I am entitled to maternity. My pride just got a bit over-inflated.

He's the kind of man who would mug a granny if he thought no one was looking, so I went too far the other way being all holier-than-thou (stupid).

OP posts:
RJRabbit · 26/01/2012 18:21

I think you should tell them that you intend to take legal advice as you believe you are being discriminated against because you are pregnant.

I used to work in HR in investment banking (though have NO idea what goes on in the Channel Islands), and know that they prefer to avoid litigious situations - more hassle than it's worth/chuck money at it and it'll go away. If they believe you to be serious they may pay you one. My bank did actually backtrack and increase a woman's bonus when she threatened in this way, and I know that there is often suddenly Hmm more money available in the bonus pot for such situations.

Having said that, it would be extremely rare that bonuses are paid to people working their notice, as previous posters have said, hence it being called incentive compensation. That being said, my husband is paid bonuses on retrospective performance, so not outside the realms of possibility.

Floggingmolly · 26/01/2012 18:25

Not BU at all, but have you spoken to HR re. the bonus? Do this first, then walk!

olgaga · 26/01/2012 18:30

OP I'm pleased to read your last post, you sound like you wouldn't be happy unless you do the honourable thing - and it's important if you feel that way. Plus a good reference will be valuable in future.

I still think you should ask for an explanation re the bonus and then decide whether it's worth getting some legal advice

In three days you will be able to walk out of there with your head held high, and your new life to look forward to.

Congratulations and good luck Smile.

onmyhighhorse · 27/01/2012 15:46

Thanks for the advice and support all.

I did come into work today...now just 2 days and a few hours left!

OP posts:
wineandroses · 27/01/2012 16:24

Well done Op. At least your colleagues will be able to say goodbye to you. Two days will be over in a jiffy then you'll be free - hooray!

fiorentina · 27/01/2012 16:42

I understand you are upset but check your contract. Most financial services companies I've been employed by won't pay a bonus when you are on notice, that's why there is an exodus of employees after bonuses are banked. If they were announced this week presumably they won't be paid until after you leave?

I know this is stressful and this is totally separate from the issues with your awful boss but just trying to point out facts. Don't do anything rash and ruin any future references move on and enjoy our baby and look for roles again after they've been born. Good luck.

eurochick · 27/01/2012 17:03

I agree that it is unusual for a bonus to be payable during a notice period. This might be their practice even if it is not written anywhere so it would not be discriminatory in this case.

I cannot believe that the Channel Islands don't have some form of employment protection that would help in this situation. It does sound like you have been forced out by this man's behaviour and have lost your maternity pay as a result. I would be inclined to speak to a solicitor if I were you.

ceeveebee · 27/01/2012 17:10

If there is no clause in your contract re payment of bonuses in notice period its worth at least a discussion with a lawyer or Citizens Advice if you don't want to incur legal fees.

It is a real shame you didn't time this so that you were still employed by them at 29 weeks and just gone off on mat leave early. Hindsight is a wonderful thing!

Also don't know if this is applicable to Channel Islands but are you entitled to claim Staturoy Maternity Allowance from the government? Its the same amount as SMP (£128 pw) but for self employed/recently unemployed people or those who have not been employed long enough to qualify for SMP from their employer

www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018869

Swipe left for the next trending thread