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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

user1492958275 · 29/07/2017 17:40

Ring in sick, say you've a dodgy tummy and have been throwing up. 48 hour rule after that - then use these 3 days to hand in a weeks notice.

Lynnm63 · 29/07/2017 17:43

Call in sick or text telling them you have d and v, they can't have you in then as you're a health risk. Then give your notice tomorrow. If they ring you have great pleasure in telling them EXACTLY where to stick their job.

Laine21 · 29/07/2017 17:48

are you on a zero hours contract?

blog.breathehr.com/breathingspace/zero-hour-contract-notice-period

Original poster

butterflying · 29/07/2017 17:48

Hm, I might go with the sick thing and notice so I cover all bases then. Thanks for the advice and commiseration guys.

OP posts:

Original poster

butterflying · 29/07/2017 17:48

No I'm on a 20 hour Laine21.

OP posts:

ThomasinaCoverly · 29/07/2017 17:49

I said it may be relevant - we don't know what the balance is between the jobs.

Conceivably OP could also claim to have been constructively dismissed, though that's hard to prove. If she has been constructively dismissed, she wouldn't be entitled to any compensation because she's been employed less than two years, but the employer couldn't make her work her notice. Repeatedly lying to her strikes me as a fairly fundamental breach, though I'm no lawyer.

Anyway, there's a range of possible counterclaims - none of them are worth pursuing because OP wouldn't be entitled to any significant compensation, but they might put the employer of suing her.

lougle · 29/07/2017 17:54

You can't claim constructive dismissal at all before two years, compensated or not. This is really very simple. Yes, butterflying has a contract. Yes, she should give a week's notice if she intends to leave. Whether there will be repercussions if she chooses not to is debatable, given the high turnover in the hospitality sector. It would be best to let her boss know she doesn't intend to work tomorrow.

Lynnm63 · 29/07/2017 17:57

lougle if her boss was decent I'd agree but they're horrid so I back leaving them in the lurch. They won't think any better of op even if she went in.

PinkSparklyPussyCat · 29/07/2017 18:01

I walked out of a job without giving notice once. In the end I agreed to do one last day (and actually did bugger all) although if they had tried to force me to do a week I would have just gone sick. They treated me appallingly so I had no qualms about leaving them in the shit, the deeper the better.

GahBuggerit · 29/07/2017 18:01

Wont matter what the balance is between the jobs, if nether employer is aware of the other they can't take steps to ensure op isn't working more than48 hours over 17 weeks if op hasn't opted out. Op cannot even bring the case for CD as she hasn't worked there long enough. Op has no recourse or counterclaim here unless she believes the way she has been treated is due to a protected characteristic.

Not that it matters as op is going to ring in sick - probably what a lot of people do in this situation tbh!

ProfYaffle · 29/07/2017 18:06

Agree re going off sick for the week of your notice (people do it all the time) Self cert with work related stress. It's not even a lie.

Original poster

butterflying · 29/07/2017 18:08

Does it matter that I was off sick for two days two weeks ago though?

OP posts:

AnneElliott · 29/07/2017 18:08

Call in sick and then hand your notice in.

Original poster

butterflying · 29/07/2017 18:15

Ah confrontation makes me so stressed.

OP posts:

ProfYaffle · 29/07/2017 18:16

Doesn't matter at all. What are they going to do? Sack you?

Original poster

butterflying · 29/07/2017 18:18

ProfYaffle Sue me?? This thread has sent my anxiety spiralling, haha.

OP posts:

cunningartificer · 29/07/2017 18:18

To answer your question, no. I wouldn't do it because it's not fair. What has been done to you is not fair, but complain about that rather than quit without notice. The job was a lifeline when you needed one, so I'd work my notice. Why didn't you give notice when you got the other post?

And for all the posters suggesting a sick day/week...this just devalues the whole issue of sick pay. It's for people who are genuinely sick, not for those tired because they're working two jobs. Sick pay means you have to pay the sick employee AND their replacement, which is a big deal for any business. Whatever happened to telling the truth?

Laine21 · 29/07/2017 18:19

if you work in hospitality, they wont want you anywhere near if you have a stomach bug/diarrhoea, just a thought.

Original poster

butterflying · 29/07/2017 18:19

I wouldn't get sick pay, they're not legally required to pay me it.

OP posts:

Lynnm63 · 29/07/2017 18:19

No, tell them you think the bug you had two weeks ago is back. It would only matter if you wanted to keep your job.

Lynnm63 · 29/07/2017 18:21

She won't be getting sick pay and did you miss the bit where she's worked 10 days straight and asked for tomorrow off. If they were half way reasonable she'd have worked her notice. Decency is a two way street.

ProfYaffle · 29/07/2017 18:23

They won't sue you. You're meeting your obligation to give notice, you're entitled to go off sick. If you weren't leaving and you had a poor attendance record they may possibly want to start a disciplinary procedure but as you're going anyway there's not a lot they can do.

Lynnm63 · 29/07/2017 18:24

So They sue you, they won't but for arguments sake let's say they do. You say your honour and I was puking my guts up it would be irresponsible of me to have gone into work. I felt I'd be putting the company at risk of health and safety violations. Let them say no she should have come in and infected all our customers.

GahBuggerit · 29/07/2017 18:26

They'd be legally obliged to pay you ssp after your 3rd contracted working day off sick, this also includes your previous 2 days as there are classed as a linked period of sickness

They may not though, would be up to you then to challenge, although that would be a tad cheeky imo

Littledrummergirl · 29/07/2017 18:28

They should be giving reasonable notice of your working hours. I would write a resignation letter stating that one days notice to work isnt reasonable and that as a result I was resigning with immediate effect.
I suspect being hospitality you have been working for minimum wage or thereabouts, should you have been expected to start earlier/stay later unpaid to prepare/clean then I may also throw in breaching minimum wage.

I wouldn't be going in, it's not your fault they can't manage the business effectively.

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