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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To leave without notice

31 replies

AllyS23 · 17/06/2021 14:22

I started a new job five months ago- It's retail. It's quite far (40 minute drive), but at the time I needed the money. Financial context is I now have another part time office job within walking distance and don't 'need' the second one.

Last week my car had to go to the garage- Today it won't start. It's an early 2000's Peugeot, not worth fixing at all and my best bet is selling it for parts.

I don't need a car- This one was an old family members I just took on. I'm also not in the financial position to buy one.

My only issue is that my other job is an expensive, hour and a half train journey. I will be spending more than I am earning, but my notice period is five weeks. (Not sure why it's such a weird amount.)

I have no clue what to do now.

I can't travel in and they were aware of my car problems but refused to engage in conversation when I told them there was a chance my car wasn't fixable and might cause an issue earlier on in the week.

AIBU to ring my manager and say that I can only give four days notice? Or would I genuinely be expected to drag myself on the train for three hours a day and spend more than I'm earning on a ticket?

If it makes any difference, the company also regularly underpays me and has had very little regard for me the whole time I've been here.

I feel very awkward in this situation but I genuinely don't see another option- I've already been told a transfer nearby isn't possible as well.

OP posts:

DynamoKev · 17/06/2021 14:25

YANBU in theory the employer could sue for breach of contract but this never actually happens.
Also ignore all the refugees from the 1950 blathering about references.

jaysus6000 · 17/06/2021 14:27

They underpay you? I'd tell them I'm not coming back as they don't pay correctly, don't even mention the car.

GorekyPark · 17/06/2021 14:27

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Original poster

AllyS23 · 17/06/2021 14:28

I definitely won't need a reference if that helps- This job is not on my CV as it's not my usual field, and I only have a short gap between my previous job and my newer, other part time job.

OP posts:

Original poster

AllyS23 · 17/06/2021 14:30

It sounds silly but I haven't quit a job in years and it's making me stupidly anxious. I definitely think I'm being OTT.

OP posts:

Moonshine11 · 17/06/2021 14:31

Is it worth trying to sort the under payments out at all?
If not, I would just say I'm not coming back.
It happens all the time op dont over think it

IWantAllTheDogsInTheWorld · 17/06/2021 14:33

Are you asking us for permission not to go to work? If this was me I would tell them you won't be in for a few days as you have no way of getting there and tell them you are giving them a weeks notice. If they insist on 5 weeks then tell them you will get a sick note to cover it as you haven't been feeling well recently. This may stop them from insisting as they won't want the additional hassle and cost of processing it, but it may not.

Not an ideal situation to be in and I hope Karma doesn't come back to bite you on the bum!

Stichintime · 17/06/2021 14:34

Just message something like: due to problems I've been having with my car I am no longer able to drive to work. Public transport is not an option due to cost, so I am not able to work for you any longer.

nellly · 17/06/2021 14:44

Well a need for a reference is the only reason I would stick out the notice period in those circumstances and you don't need one so I wouldn't bother.

Not sure why that would mean I'm 'blathering on' from the 1950s though as said by PP, references are still very much a 'thing' lol

I honestly wouldn't worry about it and I used to work as a manager in retail, we accounted for this sort of thing

partyatthepalace · 17/06/2021 14:54

Just tell em.

They might try and withhold you last pay but sounds like you’ll survive

LODReturn · 17/06/2021 14:56

If they do not pay you what you are owed, it is an unlawful deduction from wages. As far as references go, most employers only give standard confirmation of employment dates these days.

ChainJane · 17/06/2021 15:02

Just leave. If they insist, get straight onto the doctor and get yourself signed off with stress.

Technically they can sue you for breach of contract but, as PP said, that never happens (well, almost never). Given that it will now cost you more to travel there than you will be paid, no court would accept their case anyway.

Whyareblokesonhere · 17/06/2021 15:09

I imagine you are on NMW or very close to it so of they have underpaid it's also a breach of NMW regs which will get them in even more trouble.

looptheloopinahulahoop · 17/06/2021 15:13

Not an ideal situation to be in and I hope Karma doesn't come back to bite you on the bum

In what way Karma? I can't see what the OP is doing wrong. The employer is already in breach of contract by not paying her correctly. I agree with the post above - just email in and say your car has broken down and you can't get in so you are handing in your notice, but you won't be able to give them the contractual 5 weeks, only one week. There is a danger they might withhold the final pay but sounds like you'll be ok with your other job and may be better just to accept that and move on.

CustardySergeant · 17/06/2021 15:16

What have you done about them underpaying you?

QueenBee52 · 17/06/2021 15:20

Leave TODAY

Dillydollydingdong · 17/06/2021 15:25

There's very little chance they can chase you over this. For breach of contract they'd have to prove financial losses. They'll just get someone else to cover.

KarmaStar · 17/06/2021 15:32

Yanbu if they have underpaid you surely they are not fulfilling their side of the contract therefore it is void ? so tell them you are giving notice with immediate effect.
Good luck in your new job.

cupsofcoffee · 17/06/2021 15:34

I would just quit. People walk out of retail and hospitality jobs all the time.

skodadoda · 17/06/2021 15:38

If they’ve underpaid you then they are breaching the contract. It’s probably easier to forgo the five weeks paid notice and leave immediately. Remember, you’ve worked for them for less and less than two years so they could dismiss you at any point.

DynamoKev · 17/06/2021 15:39

@nellly

Well a need for a reference is the only reason I would stick out the notice period in those circumstances and you don't need one so I wouldn't bother.

Not sure why that would mean I'm 'blathering on' from the 1950s though as said by PP, references are still very much a 'thing' lol

I honestly wouldn't worry about it and I used to work as a manager in retail, we accounted for this sort of thing

Because as someone further down said, most employers only confirm dates of employment now.

DynamoKev · 17/06/2021 15:39

@nellly

Well a need for a reference is the only reason I would stick out the notice period in those circumstances and you don't need one so I wouldn't bother.

Not sure why that would mean I'm 'blathering on' from the 1950s though as said by PP, references are still very much a 'thing' lol

I honestly wouldn't worry about it and I used to work as a manager in retail, we accounted for this sort of thing

Because as someone further down said, most employers only confirm dates of employment now.

BeyondMyWits · 17/06/2021 15:47

I would just leave. The underpayment thing is your contract get-out clause - if they can breach, you can too, the contract isn't worth the paper it is written on. (We were expecting you to give 5 weeks notice... I was expecting you to not underpay me)

I was paid under min wage for 3 months not so long ago, I have kept documented evidence, because should there come a time I do not need this job, I will simply walk.

ilovesooty · 17/06/2021 15:53

What is a refugee from the 1950 @DynamoKev?

Wrotten · 17/06/2021 16:02

I've literally walked out of a retail job before. Not my finest moment but they were bullying dicks.

There was no comeback (well, they did ring my mum and tell her even though I was 18 🤣).

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