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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:
Original poster
butterflying · 29/07/2017 18:35

Littledrummergirl I used to have to get to work about half an hour before I should've, because I had to put pastries in to bake. I wasn't paid for this...

OP posts:
Adelino · 29/07/2017 18:47

I don't see how the OP could be in breech of contract if she hasn't signed anything. A verbal contract could have been for 0 hours or for 10 days only. There is no proof to the contrary of this.

I once quit a job with no notice. The reason I did so is because a colleague had given them a week notice previously and they told her they didn't want her in the next week at all (so she missed out on pay.) I was due to hand in my notice the next day but left it a week and just walked out.

Littledrummergirl · 29/07/2017 18:51

How did I know? Sadly this is far to common.
Yanbu to never work for them again.

MessyHouse91 · 29/07/2017 18:52

I did exactly this once - just texted to say I wouldn't be coming back. Nobody ever did anything about it, bar a string of nasty voicemails left. Life's too short - places like this need to take a step back and wonder why people walk out on them!

GahBuggerit · 29/07/2017 18:53

I can't think of the correct terminology, but even without signing a contract op is deemed to have accepted the terms offered by the employer by virtue of continuing to work there, and if it's a statutory requirement to give a week notice and op doesn't, then she is in breach of contract even though one hasn't been signed, a 'statutory' contract if you like (apols for clumsy wording)

KarmaNoMore · 29/07/2017 18:56

This reply has been deleted

Message withdrawn at poster's request.

PurpleMinionMummy · 29/07/2017 18:57

Because a contract doesn't need to be written and regardless of what was or wasn't agreed verbally the law states you must give a weeks notice in the ops situation. I doubt the employers would do anything if she didn't return, but op needs to know they potentially could in order to make an informed decision.

KarmaNoMore · 29/07/2017 18:58

This reply has been deleted

Message withdrawn at poster's request.

cunningartificer · 29/07/2017 18:59

I believe if I've understood the OP the working 10 days in a row is due to working two jobs. Quitting without notice because you have got a shift you don't want seems to me unreasonable. By all means say that's an unfair system so you're giving notice, but as OP says leaving straightaway will likely mean they can't open tomorrow which potentially affects other people's earnings.

GahBuggerit · 29/07/2017 19:02

Op was asking what would happen so the "so what" is that by not worked my the required notice she is in breach of contract and they could decide to pursue for any 'damages' arising from the breach.

Very very unlikely but still a possibility depending on how much of a stickler the management is and whether they do genuinely suffer a detriment ie. Not being able to open. But if op calls in sick then there's not much they can do anyway

MissJC · 29/07/2017 19:02

You don't have to sign an employment contract. If you accept a job you accept the contract. I know this as I was in a similar position last year where I had only been there a month and I was still on probationary but they still insisted on 8 weeks notice. I spoke to ACAS.

If they have to employ agency staff to cover your position they can technically chase you for the costs of cover for your role however in low paid jobs this is unlikely.

It will affect any references from them.

CoughLaughFart · 29/07/2017 19:08

The idea that they would sue to is laughable. Yes, they could argue that you're in breach of a verbal contract, but making that stand up in court is another matter - and when their working practices are so dodgy, opening themselves up to a barrage of accusations from a disgruntled employee (plus anyone else who they've shafted who your lawyer could and would dig up) is not a bad idea.

They can spend a fortune on a lawyer - or they can phone an agency for a temp. Which seems more likely?

Original poster
butterflying · 29/07/2017 19:28

Update I messaged my manager and said I was ill and wouldn't be in tomorrow, then she asked for a doctors note (because doctors are always available the instant one acquires a sniffle) to which I said fuck it and quit. Then I blocked her - immature but it lessens the stress for me. So we'll see how that goes.

OP posts:
ADayGivingMeHope · 29/07/2017 19:29

They won't sue you, it's not worth it for a company like that.

Text your boss saying his is your resignation effective immediately. Don't answer if they call you, say in your text that you are leaving because of the way you've been treat and you will communicate via message to ensure all conversations are recorded.

(I'm guessing you work for Greggs or somewhere similar?)

Newdad19 · 29/07/2017 19:33

People on here are hilarious. Well done on telling her to ram it

ThomasinaCoverly · 29/07/2017 19:35

Well done!

lougle, you're mixing up statutory constructive dismissal and common law constructive dismissal: before two years you wouldn't be entitled to any compensation under the ERA, but you would be entitled to walk out without working your notice if the employer had fundamentally breached the contract.

HCPinhiding · 29/07/2017 19:40

Was also going to say ring or text today saying you won't be in due to d&v. 48hrs clear. Or if you want to be more honest about it text saying you requested the day off due to stress and exhaustion so will not be in.

Either way with no contract I would simply write a letter stating you are resigning with immediate effect.

I did this once. Had a job which turned out I'd been sold a pack of lies at the interview which quickly became clear. One the second week (day 5 of actual working as it was 4 days a week) I made my mind up I wasn't staying. Next day I went with 2 letters, 1 stating immediate effect and 1 was 4 weeks notice. I'd had no contract presented yet and wasn't experienced enough in the area to be working without supervision. I stated I felt it was more appropriate to leave immediately and not waste anymore of anyone's time but was willing to give the notice if they wanted. Boss agreed it was false pretence and accepted the immediate effect letter. HR were ringing before I even made it back to my car though telling me I had to work 4 weeks notice. I told them to show me my (none existent) contract!

Not relevant to you op though.

Roomster101 · 29/07/2017 19:41

Well done for telling them you quit. She had a real nerve to ask you for a sick note from the doctor for one day off sick, especially at the weekend! I bet she expected you to pay for it..

HCPinhiding · 29/07/2017 19:42

Doctors won't even give you a note for 7 days!

But good for you. Hope you're chilling with a glass of something medicinal 😉Grin

Lynnm63 · 29/07/2017 19:43

Well done! Drs note made me laugh. Obviously you can find a Dr at 7pm on a Saturday, you'd probably get an appointment in around a week, never mind you self cert for 7 days.

LadyPenelope68 · 29/07/2017 19:46

If you don't need a reference, and you haven't signed a contract then leave if that's what you want, sounds a nightmare environment.

Original poster
butterflying · 29/07/2017 19:53

Thanks for the reassuring messages guys I was mentally contemplating what country to move to when they inevitably come after me Grin

OP posts:
Sprinklestar · 29/07/2017 19:54

I always thought you weren't allowed to work more than 9 days straight or twelve out of a fortnight.

Rhubarbtart9 · 29/07/2017 20:06

Ring in with diarrhoea now. That could last a goodbye few days

ADayGivingMeHope · 29/07/2017 22:12

FYI: I used to work a job where I permanently worked 12 days and had 2 days off. (It's 1 day a week over 2 weeks so you can work up to 12)