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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To hand my notice in at work

226 replies

Notwavingimdrowning · 26/10/2018 08:50

I work in the nhs and although things are difficult at work at present ( lots of changes by the powers that be, lots of politics and no communication) I love my job. My problem is that I have just been given my Christmas rota and while I expected to be working some of Christmas or new year, I didn’t expect to be working all of it and other staff be off for all of Christmas and new year. In previous years we have worked short shifts and everyone was fairly treated and most were very happy with their off duty, me included. This year, I have been given night shift for 5 of the nights over Christmas. So, three nights in a row, a sleep day Xmas eve, then two more night shifts, Xmas day and Boxing Day, as well as long days New Year’s Eve and New Year’s Day. I have been and spoken to my manager who agreed that it was very unfair and has now taken one night shift (Boxing Day night) from me. My January rota is also just night shifts, literally every weekend, Friday, Saturday, Sunday nights, not a single day shift at all. I really don’t mind nights and weekends, it’s part of the job, however I do mind every weekend and all night shifts and have spoken to her about this before.
Again I have been to see her and she said that she couldn’t please everyone and that somebody had to have the short straw, I’m guessing that the somebody is me.
I am seriously considering just handing my notice in. I know it sounds like I’m having a temper tantrum ! I don’t expect to have everything changed for me and I know that somebody else will then be allocated my shifts, which makes me feel utter crap towards my colleagues, but it’s the attitude from my manager and unfairness that is the problem. I cannot afford to just give up work really without another job to go to, but my husband will support my decision 100% and I will easily pick up bank shifts so won’t be penniless. I’m not trying to hold them to ransom, I really don’t expect anything to change and do not kid myself that I am irreplaceable, I’m just so unhappy 😞

OP posts:
DroningOn · 08/11/2018 02:20

My DH works for the NHS, has just had his Xmas rota issued and is on nights for 4 days in a row over Christmas day and this would be the 3rd year in a row he's had shit Christmas off duty.

Was showing this thread to him and last night we wrote his CV, applied for several jobs and he has drafted a letter of resignation.

Thanks for sharing this OP, don't think he'd have done it if it wasn't for your story.

Purpleartichoke · 08/11/2018 02:29

Email counts as notice at every employer I have encountered

Jb291 · 08/11/2018 03:36

Stick to your guns op. Forward her the original resignation again and copy in both her manager and HR. Reiterate that your last working day will be 24th December. There is absolutely nothing she can do and she knows it.

Bibijayne · 08/11/2018 10:51

@Jb291

Is right. You can also use up any leave you have owing before Christmas Eve. You're not obliged to take money instead.

Notwavingimdrowning · 08/11/2018 10:59

So this is the email I received from HR this morning effectively saying until she accepts it I can’t resign or am I reading it wrong ?

To hand my notice in at work
OP posts:
Notwavingimdrowning · 08/11/2018 11:04

@Droningon... I am sure you will all be much happier. Congratulations and the nhs is crying out for good staff it’s just a shame we appear to be treated with such contempt x good luck x

OP posts:
magoria · 08/11/2018 11:10

That has to to be bollocks. They are saying in theory she may not accept your notice and you can't leave.

Email them back and tell them your last working day is xx based on your notice of yy weeks and you are not available for any shifts after this time.

AnonyMousee · 08/11/2018 11:11

I am sure this is not correct at all. You have given notice, on what grounds can any company refuse notice ?? "Sorry you're not allowed to leave your job!" - sounds like slavery to me ??

Respond advising that you have given your notice on said date, and your last working date will be x.

Be strong OP. You have done all you can to make their lives easier here and they are being huge bags of dicks, the lot of them.

magoria · 08/11/2018 11:12

Sorry re read it. It is very ambiguous.

Clarify with them you handed it in on xx you are happy to work your full notice from that date so yy is your last day.

PennyMordauntsLadyBrain · 08/11/2018 11:12

No, you give your notice- your employer can’t reject it until it’s convenient for them. If that was the case no one working for the NHS would ever be able to resign!

Can you reply forwarding a copy of your email to your manager giving your notice and say that as your notice was given in writing on x date, your last day will be y.

Just tell them, stop asking permission!

OliviaBenson · 08/11/2018 11:21

Ring ACAS as that's not right, you manager doesn't get to decide.

Can you get a hold of any policies about this? What do they say?

I'd be considering raising a grievance at this point.

Cath2907 · 08/11/2018 11:29

I think you might feel a cough coming on for the last few days of your notice period.... cough cough

SilentIsla · 08/11/2018 11:34

I trust you are not being discriminated against because you are child free?

Satsumaeater · 08/11/2018 11:53

I really wouldn't faff about contacting your union or raising a grievance.

Simply reply to HR saying that you handed in your notice on [date] and therefore your last day of work is [date].

If you have leave to take/be paid for, also ask them to deal with that.

Polite but firm and as a pp said, TELL them, don't ask.

Your manager does not get to "accept" a resignation. You can leave when you want within your contract. You work your last day and go.

MonkeysMummy17 · 08/11/2018 11:55

I would reply to that and say thanks for clarifying, my notice was given on X date and therefore my final date for work is X. Could you please advise my remaining annual leave to that date so I can negotiate with my manager as to whether I will finish work before my notice period ends.

Your manager does not get to say no, you have done what is expected of you in terms of giving your notice and have followed it up correctly.

You have grounds to take this further, please speak to acas and get some more detailed advice

PanamaPattie · 08/11/2018 12:00

Your manager cannot refuse to accept your resignation. How long are you supposed to carry on working until it’s accepted? A month? A year? Until you retire? This does not make sense.

The email from HR reads as though you want to leave before the end of your notice period. Hence the ambiguous reply.

Your manager is probably hoping you won’t challenge her. She wants to make sure that the Christmas shifts are covered.

Send another email to your manager and HR confirming you will be leaving on Christmas Eve. This is not up for negotiation.

Good luck.

PoesyCherish · 08/11/2018 12:02

That's not right at all. If they were giving you notice, rather than the other way around, technically it only starts when you read it. So say they email you today, you don't read it until Monday, your 8 weeks start on Monday.

However it doesn't work like that the other way around and they can't refuse to accept it. Otherwise nobody would ever be able to leave a shit job!

IAmRubbishAtDIY · 08/11/2018 12:03

You're not asking to leave, you are telling them. Their opinion of that is irrelevant.

Whisky2014 · 08/11/2018 12:08

I would work up to 23rd then don't go back. Nothing actually happens if you dont work your notice

HashtagTeamRaven · 08/11/2018 12:09

"Dear HR,

Please find attached my notice sent to Manager on X date.

As per my contract, my 8 weeks notice ends on X date. Subsequently my final day will be X.

Kind regards
X

Lougle · 08/11/2018 12:17

No, no, no. Your manager doesn't get to 'accept' your resignation!

"It is a common misconception that an employee’s notice of resignation is not valid unless it has been "accepted" by the employer.

The position at common law is that a notice, once validly given, is effective and can neither be "refused" by the employer or "withdrawn" by the employee, without the other's agreement.

Generally, unless the employee’s contract of employment stipulates that resignation has to be in writing, there is no requirement for a notice of resignation to be in a particular form and you cannot insist that notice is given in writing before it will take effect. It is enough for an employee to tell you that he is resigning, provided his statement is clear and unambiguous.

Difficulties can arise, if an employee tells you that he is resigning in the heat of an argument, and it is not clear whether he actually means it or is just “sounding off”. If this occurs, you should give the employee the opportunity to withdraw his resignation once he has cooled down. It is good practice to put this in writing, so that you can evidence the fact that you did give the employee time to reconsider, in the event of a later dispute.

Once an employee has resigned, both parties should know when the employment relationship will come to an end. Employees are required to give at least the amount of notice set out in their contract of employment. This is subject to a statutory requirement to give ‘at least’ one week’s notice after the employee has worked for a month or more. So if the contract states that the employee has to give two weeks’ notice, that is all he is required to give, even if he has worked for you for a number of years and you consider him to be a “key” member of staff.

It is important to remember that employers are also required to give their staff statutory minimum periods of notice which increase according to the number of years worked and are subject to a maximum of 12 weeks’ notice where the employee has worked for 12 years or more. As a result, employers and employees do not necessarily have to give the same amount of notice to one another and an employee is only required to give the same amount of notice as his employer would to terminate his employment, if this what his contract stipulates.

Employees’ sometimes give their employers no notice, or a shorter period of notice than that set out in their contract of employment. An employee is only entitled to do this if he is resigning in response to a fundamental breach of his employment terms (constructive dismissal). Therefore in normal circumstances, if you are not willing to accept shorter notice, write to the employee and remind him that he is required to work throughout his contractual period of notice. If he refuses to do so, you only have to pay him up to the date he actually stops working.

Once you have received notice of resignation, it is good practice to acknowledge this in writing and explain to the employee when his employment will end and to make arrangements for payment of final salary, outstanding holiday and the return of any company equipment etc. If your employee is subject to contractual restrictions (known as restrictive covenants) it can also be helpful to remind him of these." Irwin Mitchell

OriginallyfromLA · 08/11/2018 12:17

That email has just literally made me laugh!

"Until it is accepted"?!? On what planet do they think they have the right to refuse to acknowledge your notice until it suits them?! It beggars belief.

It seems like they know that you are a very accommodating person generally and they're relying on this going forward.

As pp have suggested, notice via email is perfectly legal and enforceable. Don't let them walk all over you! Good luck.

Sunshinegirl82 · 08/11/2018 12:20

You might find this link helpful OP (as might HR!)

www.gov.uk/handling-staff-resignations

BombBiggleton · 08/11/2018 12:46

Yep, agree with everyone else - God, I almost want to do this for you!.

You email back, TELLING them that your last day will December 23rd.

That you will be expected to be paid appropriately taking into account any owing annual leave .

If they do attempt to withhold any monies owing that is not covered by your contract terms and conditions, then you will consult a solicitor with a view to making a claim in the small claim courts.

Basically you could quit today and not go in tomorrow and there isn't a great deal they can do about it. You are not in prison, they don't get to tell you when you can leave.

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