Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

1 2 3 4 5 6

Original poster

Can they do this to me during my notice period?

141 replies

Notcool1984 · 24/02/2020 08:48

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.

OP posts:

Beau20 · 24/02/2020 09:47

@LizzieMacQueen you are not allowed to give bad references anymore -those days are long gone! The only thing you are allowed to say in a reference now is the confirmation of and length of employment. Alternately, no reference at all. The OP already has a job so likely she's already passed this stage. If she has a doctors note, nothing defamatory can be said and if it is, she can prosecute. If she's concerned about word of mouth, maybe she can approach her new employer first and explain the situation that is going on in her current employment, explain that she is being bullied.

SudokuQueen · 24/02/2020 09:48

Citizens advice give the one week notice.

Also on the 3 months bit, yes you would breach your contract, but there is little they can do, they can't force you to work. They may try a legal course of action, but unless op is high up in the company, its doubtful.

www.thisismoney.co.uk/money/experts/article-2490277/Do-I-work-months-notice-period.html

www.landaulaw.co.uk/notice/

I can't see her company bothering to take legal action, and the new company will already have a reference if they've offered the job and she has accepted. Why care anymore about the old company?

But it is funnier to take their money while doing a lower job.

AnotherEmma · 24/02/2020 09:50

"There is little they can do"
Well, they can fail to pay OP her outstanding wages and holiday pay.
She would have to take legal action to recover it.

FizzyGreenWater · 24/02/2020 09:55

Have a meeting with your union and ask whether this constitutes workplace bullying. I would think it would - but the important thing is whether you can nail them for it, and what it would mean for them.

If your union rep thinks it is, you could ask for a meeting with HR where you point out that their choices are - let you work out your notice with respect and peace, or face a claim for workplace bullying and harrassment, ball starts rolling NOW. Either way, you'll be leaving - so what's it worth to them to get the minor satisfaction of making your life difficult for a few weeks?

OllyBJolly · 24/02/2020 09:57

you are not allowed to give bad references anymore -those days are long gone! The only thing you are allowed to say in a reference now is the confirmation of and length of employment. Alternately, no reference at all

Utter bollocks! As long as the reference is truthful and non discriminatory (as per protected characteristics) you can say anything you want.

Ilikewinter · 24/02/2020 09:58

...and just because shes accepted the job doesnt necessarily mean they already have references back, where i work you need to have satisfactiory references back before the end of the probationary period.

How different are the hours compared to what you currently work, does your contract state you must be flexible to meet the needs of the business?.

I agree i would contact the union, other than that i would do the bare minimum, absolutely no extra hours and ride it out. I wouldnt go off sick though.

SudokuQueen · 24/02/2020 09:58

"There is little they can do"
Well, they can fail to pay OP her outstanding wages and holiday pay.
She would have to take legal action to recover it.

They could yeah. But she could also start her new job next Monday. She's already worked all of February by then, they must pay her for it. Then she starts her new job in March. Problem solved.

Of course op, get your new job to accept you starting earlier. Dont just waltz in. If they accept you starting on Monday or whenever, go for it if you want.

ChazsBrilliantAttitude · 24/02/2020 10:00

Speak to the union and ACAS to get ideas of what your options are.
Check about your holiday accruals.
Don’t let them know that they have got to you.
Tick off each day mentally. Quietly detach. Take everything personal home apart from the bare essentials.
You may find that other people will not like seeing how you are treated but will only tell you after you’ve gone because they are scared of reprisals.
Save going off sick as a last resort.

AnotherEmma · 24/02/2020 10:01

"She's already worked all of February by then, they must pay her for it."

They "must" pay her for it, in the same way that she "must" work 3 months notice, legally. You are advising her to breach her contract but naively assuming that the employer would follow the law. There are plenty of employers who fail to pay their employees all outstanding money owed (at citizens advice we often advise clients on it).

KaptenKrusty · 24/02/2020 10:01

I'd just show up everyday and do the bare minimum - get out for your lunch break for the full hour - leave on time everyday & just coast along for the 7 weeks and then you are out!

It's not that long!

They sound horrible - I think once you are getting the same pay as before then it doesn't really matter!

Delighted you got a new job!

chocatoo · 24/02/2020 10:03

It’s only a few weeks – I would just get on with it. I would also endeavour to be cheerful and polite because I would not give them the satisfaction of letting them see that they had got to me.

fairlyplump · 24/02/2020 10:04

I'd turn the tables and do sod all for the remainder of the time x

SudokuQueen · 24/02/2020 10:08

Going to point out that payday for most is on Friday. If op is part of a big company which it sounds like, likely she will be paid Friday too, automatically. Its doubtful they could even stop the process by now, they never usually can. As long as she doesn't say 'I'm not coming back after friday' and just never goes back, what are they going to do? Ask for it back?

billy1966 · 24/02/2020 10:12

Go to you Union.

Find out can they completely change your hours for your notice period?

Get some support from your Union.

Document with them your treatment.

Find out what the Union can do for you.

Flag with the Union exactly what type of behaviour you are being subjected to.

You need advice on the ground from your Union.

EerieSilence · 24/02/2020 10:14

I remember when I was leaving a job - I wasn't there long to realise they offered me one position and then expected to fill in two other ones - that seemed to be the company's politics and they paid for it later on through attrition and loss of some important contracts but hey, no longer my monkeys. They also were in a habit of prolonging people's probation period and making up stuff about where they were lacking to keep them on lower salaries.
I decided to only work the allocated amount of time, no longer overtimes. Mind you, I really did as much as I could, didn't take it easy in terms of the workload during the working hours but definitely not the extra three hours a day as before. My boss at the time asked me if I did something I was supposed to do, to which I replied: I only managed this much because this is how long one part of it takes so I can't do more in one day.
She breathed in, opened her mouth to probably ask why I didn't put in more effort. I looked at her and she shut up and didn't say a word.

AnotherEmma · 24/02/2020 10:21

SudokuQueen
Well you're persistent, I'll give you that
OP's employer won't pay money owed for any remaining annual leave that hasn't yet been taken in the February payroll, this is paid in the very last pay that she gets. Of course this may not be an issue if OP has already taken all the annual leave that she is entitled to.

Original poster

Notcool1984 · 24/02/2020 10:24

I’ve spoken to the union. There are two male colleagues leaving at the same time to me who are continuing their same roles during their notice period I just found out. Ahhh!

OP posts:

AnotherEmma · 24/02/2020 10:26

Sex discrimination, then.

Xenia · 24/02/2020 10:27

It is not true people are not allowed to give a bad reference. They can say anything which is true. However some employers are choosing to give very short factual references these days.

it sounds like men and women are being treated differently so hopefully the union can sort that out.

FizzyGreenWater · 24/02/2020 10:28

Oh ho ho ho ho.

Document everything and start the ball rolling on a claim for workplace bullying and sex discrimination. You're going to have an unpleasant few weeks ahead but a nice payout will be worth it!

SudokuQueen · 24/02/2020 10:28

Well you're persistent, I'll give you that grin
OP's employer won't pay money owed for any remaining annual leave that hasn't yet been taken in the February payroll, this is paid in the very last pay that she gets. Of course this may not be an issue if OP has already taken all the annual leave that she is entitled to.

No they won't, but I would take losing a handful of days money over another what 2 months there or however long she has left? It's not worth it in the long run. Weigh up your options, stay for another couple of hundred quid and be miserable, or leave and be happier and lose the couple of hundred, that you would technically get back in the new job regardless?

As I say, there is always the option of staying, doing the lower job for the same money and laughing as they struggle. I would properly work to rule then, wouldn't be doing anything even slightly outside of my job description, even if I knew how to do it or what to say. So there is fun to be had with the gits, it just depends if op wants to do it or not. Having been bullied already she might not feel strong enough to continue on. That's why the walking out option is given.

SudokuQueen · 24/02/2020 10:30

Oh with that update the union is going to have fun with them.

Original poster

Notcool1984 · 24/02/2020 10:33

I can’t believe it. Well actually I kind of can as sexism is rife in the industry I work :(

OP posts:

Clangus00 · 24/02/2020 10:33

This will be fun!

ChazsBrilliantAttitude · 24/02/2020 10:34

Oh dear they have been silly haven’t they. Let the Union act as your shield and follow their advice. My instinct would be to ask for a full written explanation of why your role is being changed but the two men’s roles are unchanged.

Flip

1 2 3 4 5 6