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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Not sure whether I can be annoyed at ex employer

132 replies

SushiRolll · 30/11/2018 07:57

I started a new job early November. Unfortunately after two weeks I was offered something else which suited me much much better (miles closer to home, cutting down commute by 3 hours a day for the same money) and so I felt I really had no choice but to accept.

I only needed to give a week's notice and when I told them I was leaving they said okay, they were disappointed etc. they sat me on a desk away from everyone and left me with nothing to do until 5pm Hmm

At around 5 to 5 I got an email saying 'there is no requirement for you to come into the office to work your notice period as discussed'. I hadn't discussed it with anyone, as far as I was aware I was supposed to be coming in the following week to work which I was happy to do but their email told me there was no need.

At 5 a lady I didn't know came and took my pass for the doors off me and that was it.

I've been paid today and it seems they haven't paid me for my notice week.

I don't know whether I can be annoyed, to me their email implied that my notice week still applied but I just didn't need to come in. I understand it wasn't great of me to leave a new job so soon but I would have happily worked the following week if they had wanted me to/let me. At no point did I say I wouldn't.

I know I should have questioned it at the time but as I say, they sat me away from everyone and only told me nearing 5pm that I wasn't needed the following week. When I went to find my manager at 5 she'd already left and frankly I wanted to get out of there as it was awkward as hell. Clearly they took it very personally.

I'm guessing I just need to chalk this one up to experience and learn to question things next time? I can't help but be a but pissed though, so close to Christmas and I'm now down hundreds of pounds.

OP posts:
umizoomi · 30/11/2018 16:33

I think you should let it go, or phone HR and ask about your notice pay.

You worked for 2 weeks and left. It's a bit much in all honesty to expect your notice pay after only 2 weeks when you didn't work it. I would think most companies at that timeframe would want you gone immediately as you are of no benefit to them

Original poster
SushiRolll · 30/11/2018 17:24

umizoomi well then they shouldn't put it in a contract if they aren't willing to pay it?

And it isn't 'a bit much' it was a week I was ready and willing to work and was stated in my contract. They chose not to let me which has now left me hundreds of pounds down when I have bills to pay. It must be very nice if you can afford to just let go of a week's pay without it even concerning you at all.

As I said before, I have as much right to leave during a probation period as they would have done to get rid of me if I wasn't right for them. It's the whole point of a probation period. It doesn't mean they get to not pay me for a contracted period because it's an inconvenience. I was willing to work as per my contract, they chose not to allow it.

I feel like if this had been the other way round i.e. they sacked me in probation and then didn't pay me a week's notice you would have a very different response.

OP posts:
Original poster
SushiRolll · 30/11/2018 17:26

when you didn't work it

I would have done... If they'd have let me. If I'd have just walked out and said 'im not coming back' of course I wouldn't expect to be paid because I would be in breach of my contractual obligation to give them a week's notice.

I abided by my side of the contract and gave them a week's notice, they decided they didn't want me there (fair enough if that's what they want) but it doesn't mean they don't need to pay me for the notice period!

OP posts:
daisychain01 · 30/11/2018 17:53

umi I have to disagree with you on this one. It works both ways. Had sushi 's performance been under-par the employer would have been within their rights to have parted company, honouring the contractual notice of 1 week, which they could have elected to pay and release or have expected sushi to have worked their notice out. It would have given them a week in which to find an alternative.

It is not a bit much to expect them to meet their contractual obligation. They would have been paying for the week that sushi would have and wanted to have worked, so absolutely fair and square. It's a bit much (well, shabby, in my view) for them not to have wanted to do the decent thing.

NoFucksImAQueen · 30/11/2018 18:27

did you contact HR?

gigi556 · 30/11/2018 18:41

Totally normal and I'm sure you'll get paid for your notice in next months payroll. If payday is today it's too late to pay you for your notice period as payroll will have already been done.

Ohmno · 30/11/2018 18:59

Don't want much do you 🙄

Original poster
SushiRolll · 30/11/2018 19:34

Ohmno not really no, just for my employer to stick to their side of the contract like I did mine.Hmm

OP posts:
chronicplainjane · 30/11/2018 19:50

You should have challenged it at the time, but you know that. Agree re acas though, not sure if not offering to work/saying you were willing means you lose out?

JimandPam · 30/11/2018 20:01

@SushiRolll did you contact HR?

HellenaHandbasket · 30/11/2018 20:16

Why are people saying the OP was unprofessional? She abided by her contract, the act of resigning isn't in itself unprofessional.

Original poster
SushiRolll · 30/11/2018 20:43

Sorry yes, I emailed at lunch time.

OP posts:
MidniteScribbler · 30/11/2018 20:52

If you are going to a business that is a competitor, it is not unusual for them to cut off access to their business files and customers.

ivykaty44 · 30/11/2018 21:03

The company set out the contract and both signed it, the op abided by the contract - it’s the firm that haven’t, as yet

OlennasWimple · 30/11/2018 21:10

What does it say on your payslip?

yorkshirepud44 · 30/11/2018 21:29

What daisy chain says.

They can offer payment in lieu of notice but they can't just decide to effectively dismiss you and not pay your notice. They're in breach of contract.

And the circumstances aren't ideal but these things happen. I'd rather people figure these things out before we're invested months training them, tbh.

bastardkitty · 30/11/2018 22:12

Definitely agree to contact ACAS. People seem a bit mixed up on this thread between what they think might be morally right and contract law. You will get your week's pay!

umizoomi · 01/12/2018 11:18

@SushiRolll you actually said in your OP 'I guess I should chalk this one up to experience' which is why I said maybe to let it go.

You wouldn't receive notice if it was agreed mutually and therefore you could start your new job immediately. It sounds like this wasn't agreed so yes call the company and ask about it. It could be a payroll date thing.

I am surprised though that you ever thought you would be expected to work notice after 2 weeks in a job

bastardkitty · 01/12/2018 11:22

I don't know why you're surprised, given it's specified in the contract.

Baking101 · 01/12/2018 11:32

Well, you accepted the job and then let them down for another job. You didnt work the full week because they stated they don't need you to and dismissed you. Why should you get paid for work you haven't done?

You've inconvenienced them and it looks bad professionally. For the sake of a few days pay, I'd accept it and leave it.

ForalltheSaints · 01/12/2018 11:37

I hope the new job works out for you. The job you did for a fortnight will have to be included on your CV though, so you may have to do some explaining at future interviews, be prepared for this.

I'd be annoyed if I was the 'fortnight' employer, but do not blame you for your decision.

Alfie190 · 01/12/2018 11:47

I would think most companies at that timeframe would want you gone immediately as you are of no benefit to them

I agree with this umi.

You worked for 2 weeks and left. It's a bit much in all honesty to expect your notice pay after only 2 weeks when you didn't work it.

No it is not too much to expect. OP was willing to work it. The company would have had no qualms letting OP go with a week's notice, it works both ways. If they want six months notice then they have to write it into their contracts and be willing to pay somebody six months notice if they wish to terminate (for business reasons not disciplinary ones).

umizoomi · 01/12/2018 11:51

@bastardkitty it doesn't specify WORKING notice. It specifies giving notice to terminate a contract of employment.

I am surprised that anyone would expect they would WORK notice in any business after 2 weeks. Presumably, you are still in training (however experienced you are) and are not really benefiting that business. You also presumably pose a threat if you can access systems, IP etc.

AmIRightOrAMeringue · 01/12/2018 12:09

I think lots of companies give gardening leave where you 'work' your notice from home and so unless they explicitly say they are ending your contract of employment immediately and not paying you, given your contract states both sides must give one week notice I'd think it's fair to assume you would be paid. I'd have assumed they didn't want to waste time training me but would pay me as per my contract.

I'd guess they think because you weren't there long and because it's only one week that you won't pursue it but you have nothing to lose by doing so - it's not fair of them and they won't be in the best position by saying 'as discussed' when they didn't discuss it or ask you to sign anything

I'd start by emailing them saying you understood you were working out your notice at home, that the contract states one week notice where you still get paid, and they did not discuss stopping your contract immediately and you did not agree to it so please could they arrange to pay you for that week or you will seek legal representation to pursue it. Hopefully they will pay as it's easier for them to do so than spend time and money arguing about to them what is a small amount of money

AmIRightOrAMeringue · 01/12/2018 12:12

Also I don't agree the job you did for a fortnight has to be on the cv, as far as I was aware a cv isn't legal document and if you leave it out its not lying! I thought people put things like 'job A July 2010 - August 2018' then 'job B September 2018 - present' or something no its not even counted in weeks so I don't see how you'd have to put the 2 weeks employed there

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