Can they do this to me during my notice period?

[Notcool1984]

After many years of toxic work atmosphere (Male toxic environment / workplace bullying etc) I managed to get a new job. Unfortunately there is a three month notice period in my current role. I handed my notice in one month ago. It has been awful since, with my hours being changed to be less flexible (I’m single parent) - my exact hours are not in my contract, lots of passive aggressive emails about my work (which has never been a problem - in fact I got highest rating in my personal development review) and lots of whispering / ignoring me etc and leaving me out of all meetings. Now I’ve just had a call from the boss to say for the remainder of my notice period they are going to get me to the most junior role in the workplace (I’m currently in middle management). I’m so upset, can they do this? I still have around seven weeks notice period to go.

Why have you not already contacted your union for advice? That's what they're for!

If I were you I'd just go to the GP and get signed off sick - this must be taking a big toll on your mental health.

If you don't want to do that, or GP says no, you should raise a grievance.

Talk to union first though.

Why fight it now? So long as they're paying you the same, they look like fools and not you, and you can do the presumably easier junior job and relax. If it's the hours that are tricky, can you 'work to rule' a bit and follow then the exact hours they give you, not a moment more, and flex where possible?

Don't worry about references - very unusual for a reference to be anything other than a confirmation of dates these days.

My last few weeks In my senior role I'd handed over my role and I did things like filing (I had years of it) and junior accounting tasks to help out the new guy. Was nice and stress free. Still paid the same of course. Would have thought standard in most roles.
I's gave refused if asked to clean the loos of course but just doing junior tasks in my department that needed doing was fine.

Def use your union.
If they are still paying you the same then I think it is ok to reassign you to different tasks. With longer notice period staff, if we decided that they weren't a candidate for 'garden leave', then it would be used as a transition period and as their replacements came up to speed then there would be less work for the person leaving and we absolutely would be leaving them out of important/strategic meetings and discussions.
But the nastiness/bullying isn't on, but this is where your union should be able to advise...

Agree with asking for advice from your union or ACAS. It’s a shame (and unusual) that your hours of work aren’t specified in your contract. Hope this is not going to be the same in your new job. The way they are treating you makes it very clear how right you were to look for a new job.

This is not okay, my heart goes out to you. Go and see yuor union rep if you are a member and also HR to talk about how to make a complaint. Then take a few days off sick and see your GP to get further days off if you feel you need them- stress is and will make your ill. Take care of you

The junior job is not easier though, it’s worse shift patterns (v early starts / later finishes) and more physical. It’s the job everyone has to do as a trainee to get to the more senior decision making, planning roles. I do think it’s workplace bullying.

You could also see if your employer would agree to a shorter notice period - 2 months rather than 3 for example? This would need to be a mutual agreement that is agreed in writing (letter or email). This would be in their interest as well as yours because they wouldn't have to pay you for so long.

I have my new hours for new place in contract, won’t make that mistake again!

either roll with it and enjoy doing a more junior job (for the same money) and have the last laugh

or go to the GP and go off sick.

Don't expend time/energy fighting them. You're leaving. It's not worth the mental stress dealing with these pathetic creatures.

btw i didn't think notice periods are enforceable by law, against your human rights to "force" you to work anywhere. But i am not a lawyer... and again it may not be worth your energy having a battle.

My employer has said no to shorter notice period unfortunately:(

sorry x post.

just get yourself signed off. you don't want to start your new job physically or mentally drained.

You are right - it is bullying. But for the sake of 7 weeks, is it worth pursuing it. TBH I would go in there every day and with a big grin on my face, say good morning and just put my head down and get on with it. I don't think it is worth it if you are going to be moving shortly anyway.

In fact it will make them feel even more crap if they see you smile your way through your notice period.

speak to your doctor, get a sick note for stress. Use it as evidence when you speak to your Union about the bullying, etc

Split opinions here on putting my head down and getting on with it and speaking to union / get signed off with stress. I am worried getting signed off with stress would look bad to my new employer. The industry I work in is quite small so word could get out to new employer.

You only need to give them one weeks notice technically, so you could just walk.

However, I'd do the work and once they've moved me I'd point out they are paying me over the odds to do a junior role which was stupid. Because they can't reduce your pay. If they plan to, walk out. It's illegal.

"You only need to give them one weeks notice technically, so you could just walk."

WRONG.

Contractual notice trumps statutory notice (when it's a longer period, it can't be shorter).

Do not go off sick, if they are the bullies you say then they may well jeopardise your new job with a poor reference. It's not worth it.

Have you zero annual leave? If you handed your notice in on 1 Jan with a 3 month notice I'd have thought you've built up at least one week's holiday. I'd then take every Wednesday off to make the week a bit easier.

You only need to give them one weeks notice technically, so you could just walk.

I think you are very much mistaken, where do you get the "one week notice" from?

Don't go off sick if you aren't sick. Your employer would be quite within their rights to state in a reference how much sick time you have taken.

As others have said, speak to the union and/or HR and ACAS.

Can you not just work the hours you normally do currently but in the junior role? If not I would advise you to take out an official grievance against your employer because of the bullying behaviour. You might find that changes things as employers don't like to be accused of bullying.

Just sit at your desk everyday singing —quietly— under your breath. ‘ thank god I'm leaving this shit hole.’

If it's really that awful, go to the doctors to be signed off with stress. Keep going back and getting a sick note until your notice period ends. That is bullying. It happens where I work all the time (sick note until end of notice period) some situations totally warrant it.

Oops, cross out didn’t work.

First stop is to contact your union and talk to them.
I was a rep before I retired and this is quite common.
It doesn’t have to be a formal thing, just talking it over will help. You are entitled to have someone with you in any meetings, doesn’t have to be a rep.

Clarify anything that is said to you, by e-mail.