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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To tell employer to do one

94 replies

Onlyjudycanjudgeme10 · 12/10/2020 01:43

Was on maternity leave and due to go back end of July. Due to Covid I have been unable to go back into the office and work due to not being able to be socially distanced. The work I do I could do from home but our company does not want to do this.

I was unable to be furloughed as was after the cut off date and as no one else was furloughed from the office was ineligible.

I have been without pay now for the last couple of months and with no return date yet set decided to look elsewhere for work. I have managed to find something and when I told my boss, he has told me that I have to “work” my notice period despite the fact that I cannot go into the office.

Am I being unreasonable to tell him to do one and unless he asks me to go into the office for the month or pays me that I should start my new job straight away.

OP posts:
Original poster
Onlyjudycanjudgeme10 · 12/10/2020 01:59

Also don’t know if relevant but worked there for 6 years before my maternity leave

OP posts:
CayrolBaaaskin · 12/10/2020 02:03

It’s fine to say you are not working your notice. He can’t force you.

VillanellesOrangeCoat · 12/10/2020 02:06

He definitely can’t force you, especially if you’re already on no pay

Pixxie7 · 12/10/2020 02:37

You need to get some legal advice otherwise they could do you for breach of contract.

Florencex · 12/10/2020 02:39

Is everyone else going into the office? If so why can’t you?

Waveysnail · 12/10/2020 03:58

Why cant you go into the office with masks on?

chatwoo · 12/10/2020 04:51

You haven't been furloughed but you can't go into the office due to social distancing and your company doesn't want you to work from home either - so they haven't been paying you (because they effectively won't allow you to work)? But your boss wants you to 'work' your notice (ie, not actually working or getting paid) before you to go your new job... have I understood correctly? What a clusterf*ck!!

It sounds like some insane puzzle or riddle that you have to solve!!

I'd be seeking legal guidance re the notice period and also about the not being furloughed / not allowed to work or be paid part of the problem as well. Sounds really very strange.

ivfbeenbusy · 12/10/2020 04:58

So is it your choice to not go into work? Is the workplace open? What are your colleagues all doing?

blackcat86 · 12/10/2020 04:59

Just say no. Unless you're in a seriously high wage job then no bog standard employer will be coming after you for breech of contract because it really wouldn't be worth their while. Just start your new job. If you're not being paid and you're not going into the office does your current employer even need to know once you've resigned.

Aridane · 12/10/2020 05:47

Why can’t you go into the office?>are you CEV?

Aridane · 12/10/2020 05:48

Break contract if you want - don’t expect a decent reference

seayork2020 · 12/10/2020 05:49

Would you have to go back because of the maternity leave they paid you? and yes could they do you for breach of contract?

TidyDancer · 12/10/2020 05:53

Whose choice is it for you to not work in the office? Have they said they can't have you in due to not socially distancing anyone?

If they haven't let you back and haven't let you work from home or laid you anyway, I would break contract. Not ideal but what else are you supposed to do? My opinion would change if you're choosing to not go into the office I think.

TidyDancer · 12/10/2020 05:54

Laid = paid

Brown76 · 12/10/2020 06:29

What reason have the company given for you being required to work in the office when the Government says you should work from home if you can? And you can.

itchyfinger · 12/10/2020 06:37

So you're not doing any work for them and you're not being paid? I would say you've already left.

TasslesandFringes · 12/10/2020 06:46

I’m confused... is no one in the office or are you vulnerable and can’t go back?

Either way - morally he’s being unreasonable!

slipperywhensparticus · 12/10/2020 06:50

Tell him you will consider it and start the new job anyway

happylittlechick · 12/10/2020 06:51

Your post reads as it's your choice not to work at the moment. Everyone else is in but you think you shouldn't work because you feel you can't socially distance. Is this the case?

slipperywhensparticus · 12/10/2020 06:51

On second thoughts tell them you consider the last few months spent in unpaid limbo as notice

BaronessBomburst · 12/10/2020 06:55

Are your colleagues in the office or working from home?

Bubbles120 · 12/10/2020 06:56

What they've done is wrong. They could've put you on furlough the cut off date did not apply to those in maternity leave. Martin Lewis did a whole thing on it over on money saving expert.

Howlooseisyourgoose · 12/10/2020 07:04

Aren’t they breaking contract by not paying you?!

ArnieLinson · 12/10/2020 07:07

Is the office closed?

Scotmummy1216 · 12/10/2020 07:09

I would get in touch with acas. How can you be employed by a company if they arent paying you?