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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to quit with no notice?

106 replies

butterflying · 29/07/2017 16:46

Bit long, sorry!

I picked up a part-time hospitality job a few months ago, 25 hours a week. I hate it. It's terrible, the work is boring, the girls there all make snide comments about me and it makes me incredibly stressed. I know it's a shit job because people keep quitting after a week or so, but I needed the money at the time. There have been several occasions where I have been tricked or lied to, to get me to work a shift.

At present, I've just finished a shift. They write up the rota for the next week every Sat. I started a new job last week before quitting this one (dumb I know, they wanted me to start asap), so I don't need the money from this one anymore. I've now been working 10 full days straight (a combo of both jobs), so I really didn't want to work tomorrow. Well guess who's been put on for a full day tomorrow, despite my requesting that I'd like that day off. I also suspect she's lying to me about why I have to do this shift as well (two of the girls don't like each other + she lied about the same thing before). I'm so hacked off.

Problem is, yet another person quit today. So now they have a dire amount of staff. If I don't go in tomorrow, they might not even be able to open. BUT - and this may be my saving grace - I never signed a contract. So I don't think they have any legal standing.

AIBU to just send my manager a text right now and say I quit? Would you do it?

OP posts:
MrsPorth · 29/07/2017 17:09

They haven't treated you well. A terse email saying that you're quitting with a immediate effect is what they deserve. If they imply that they'll sue you for the lack of a week's notice, either call their bluff or work it and do the bare minimum.

GahBuggerit · 29/07/2017 17:10

Not rftf but nothing a contract doesn't mean anything, you are deemed to have accepted their terms and there are statutory 'laws' that kick in regardless such as notice you need to give which would be a week.

They could f they wanted to sue you for breach of contract if the can prove your leaving without notice has been detrimental to the business. Chances are they won't though.

SabineUndine · 29/07/2017 17:11

I would tell them it's specifically because you've worked 10 days and asked not to work tomorrow.

GahBuggerit · 29/07/2017 17:12

Oh just spotted that they may not be able to open, absolutely that would be considered detrimental to the business, just depends on if they are willing to take it any further or not, probably not, but if the manager is an arse then who knows?

flowery · 29/07/2017 17:13

"The question was answering was around legally, could the OP just up and leave and legally, yes they can."

Have a read of the various links that have been posted. Employees are obliged to give a week's notice regardless of whether there is a written contract or not.

And contrary to what you say, there are plenty of things employers can hold employees to without having a signed contract, including taking legal action if notice hasn't been given and losses are incurred as a result.

It's unlikely for a role like this, but that doesn't mean there is no legal requirement. Please don't give advice on the internet if you don't know your stuff, as you apparently don't.

PurpleMinionMummy · 29/07/2017 17:13

Some rights/responsibilities still apply even without a contract. Not sure on this one, try ACAS. Otherwise Phone in sick?

Kitslefttesty · 29/07/2017 17:15

Send an email giving in your notice and ring in sick due to stress?

13Bastards · 29/07/2017 17:15

🤐

BewareOfDragons · 29/07/2017 17:16

Call in sick tomorrow.
Give one week's notice on Monday.
They may not hold you to it.

Original poster
butterflying · 29/07/2017 17:16

GahBuggerit (love the username) If I texted the manager now though, I'm thinking that would be enough time for her to call in another staff member. So not detrimental unless they are wilfully ignorant. Also they should have some managerial foresight no? They've been deliberately ignoring job applicants for weeks now.

It's also the technical start of the week, so I wouldn't be depriving anyone of a day off (which was my moral concern). There's a few other shops of the same chain in my area, so they could pull an employee from there too.

OP posts:
Foslady · 29/07/2017 17:16

Ring in sick

Original poster
butterflying · 29/07/2017 17:19

Everyone says ring in sick, last time I rang in sick (I was actually sick, just FYI) the manager yelled at me for only ringing in two hours earlier, which was at 6am as I started at 8! She said I should've rung the night before - well I wasn't sick then was I?! Confused

OP posts:
Milliemoo37 · 29/07/2017 17:19

I gave my notice in and stated with immediate effect. I enjoyed the job, but towards the end it was just horrifying and I couldn't cope anymore. The way I was treat was disgusting and I did not feel bad about leaving straight away.

I took the advice to state with immediate effect from a law student who had handed his notice in before I did.

Note 'Law Student' and use that information as you will.

WardrobeMalfunction · 29/07/2017 17:20

Or just keep ringing in sick until they sack you...

ThomasinaCoverly · 29/07/2017 17:23

OP, if you've worked 10 days straight they may be in breach of the working time legislation - you're entitled to a day off a week (though you can average it over a fortnight so they may be able to point to 2 days off before the 10 days). So yes, you're in breach of contract if you just quit, but for one thing it's not worth their while to pursue it and for another you're entitled to a written statement of terms, rest breaks if the working day is longer than 6 hours and one day off a week (or, as I said, two days off a fortnight). So if they did threaten to sue, you could point out that you could also bring a claim against them. If they've got any sense they won't follow up.

If it's a chain with a central HR department, it might be worth emailing them with a factual account of the problems.

SaltLiquorice · 29/07/2017 17:24

Gosh there are a lot of goody two shoes here. Of course you should quit if it's making you so miserable.

Years ago I left an absolute hell hole of a place to work (University believe it or not). I did have a contract. The person before we also walked and I knew she hadn't been paid. I waited until the money was in my bank account then I went in with my resignation letter to my manager.

What do you thinks going to happen to you if you have a contract and leave? Some of you sound very naive.

GahBuggerit · 29/07/2017 17:24

Chances are they won't do anything even if they couldn't open up. If you text now they may be able to get cover or they may not, managerial foresight doesn't come into play in this situation, if they took it further all the courts would be interested in is that you not working notice caused damage to the business (if they can prove they had no choice not to open up) and you could be liable to pay loses equal to the amount lost by the business.

I am absolutely not suggesting that this is likely as it probably isn't. But employees can and have done this, often to just prove a point to remaining employees as well as genuinely seeking to recoup their losses.

(Thanks re: username, a phrase I often say when one of the DC has left a tiny toy on the floor for me to stand on :/)

Butterymuffin · 29/07/2017 17:29

Text her and say you can feel a bad migraine coming on and they usually last 24 hours so she'd best ringing someone else to cover work tomorrow.

Mummyoflittledragon · 29/07/2017 17:33

Breach of working time legislation is an excellent idea Thomansima.

Contact them now and say you can't do it. Maybe they'll sack you. If they don't or start arguing, quit.

Craiconwithit · 29/07/2017 17:35

Even if they tried to sue you (which they won't), you just need to point out that they have blatantly lied to you once too often to coerce you to work a particular shift, giving dates and details.

biffyboom · 29/07/2017 17:36

Ring in sick with d&v. You absolutely cannot be around food then Wink

youaredeluded · 29/07/2017 17:37

Fuck them. Don't go back. Life is too short.

AlternativeTentacle · 29/07/2017 17:38

Everyone says ring in sick, last time I rang in sick (I was actually sick, just FYI) the manager yelled at me

So put the phone down on her then! Not your problem. then put a grievance in and say you feel unable to return due to her unprofessional behaviour.

starzig · 29/07/2017 17:38

Call in sick as much as you can get away with and keep the pay. Doesn't matter if they sack you so might as well.

GahBuggerit · 29/07/2017 17:40

WTD is not relevant here as it's 10 days straight due to another job, unless either of ops employers knows about the other job of course but even then it's on average over the previous 17 weeks

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