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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

4 months notice?

30 replies

jobproblems672 · 30/03/2022 15:08

Hi.

I’ve recently handed in a notice for a job where on the whole I felt fairly unsupported. It’s an isolating job and it’s caused burnout and also back pain which isn’t being supported too well.

I work in the education sector and my contract said 2 months notice unless it’s in the middle of term time. But I know someone else who recently left in the middle of term.

Truth is this job is making me unwell mentally and physically and I already have been signed off for a week.

My boss is now saying I have to stay until July, so serve a 4 months notice.

I’ve also already agreed a new start date with my new employer (as my boss didn’t tell me this until a week after I handed in my notice). She said “sorry to hear that, is there anything more that we can do” which she says isn’t a formal agreement.

I just can’t physically stay in this job much longer and 4 months is making me want to cry.

Is there anything I can do?

OP posts:
thunderandsunshine01 · 30/03/2022 15:13

Get signed off by GP until your official end date with current employer and start the new job in the meantime?

Also if your new employer has already offered you the job then assume they won’t need a reference from previous employer? (Not sure on this one tho)

Raquelos · 30/03/2022 15:13

I might let my manager know that I am leaving as a result of the impact the stress of the work is having on my mental health, which really implies a failing on her part in terms of duty of care, and that I would be getting myself signed off for the duration of the notice period by my doctor. I bet she will be happy for you to leave as soon as you want then.

jobproblems672 · 30/03/2022 15:16

Yeah that’s true. I handed in the notice to say that I’d be serving the two months so until mid May, so my new employer thinks that.

I handed in my notice over 2 weeks ago and it’s still all up in the air about when I can leave. She’s now saying start of July. So it’s just leaving me completely in limbo especially as I know that my old colleague only did 2 months

OP posts:
jobproblems672 · 30/03/2022 15:16

I don’t mind doing until mid May but the thought of staying here until July just ruins me

OP posts:
GimmeSleep · 30/03/2022 15:16

Speak to ACAS

jobproblems672 · 30/03/2022 15:18

It is in the contract that I have to wait until the end of a term annoyingly. She said the colleague that left had other personal circumstances.

I just don’t know how to say I can’t hack it any longer than that without sounding really unprofessional….

OP posts:
Lou573 · 30/03/2022 15:19

If your contact says 2 months, it’s 2 months. They can’t make you stay longer just because they feel like it!

Lou573 · 30/03/2022 15:20

Oh sorry, just reread, unless the middle of term. Not much you can do then except negotiate, do they really want you at work if you don’t want to be there?

jobproblems672 · 30/03/2022 15:21

It says 2 months from the end of a full school term. So for example if I handed it in in January, I’d have to wait until 30th April and then it’s two months from there. It’s ridiculous.

I just really really can’t hack it

OP posts:
123walrus · 30/03/2022 15:23

Perhaps insinuate that if you have to stay that long you’ll need to go to the doctor. If they think you’re going to go off sick they’d probably rather have you off the payroll.

jobproblems672 · 30/03/2022 15:30

I just have no idea how to say I’m struggling and there’s no way I want to stay past mid May without sounding awful 😂

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Papayamya · 30/03/2022 15:34

Well the legal minimum (in which they can't withhold pay etc) is a week. Contractual minimum there isn't much legally they can do if you refuse to work it but could affect future references if they don't give more than the dates you worked and role (which most places do now). I'd say nope 2 months is what I have to give and speak to acas if they refuse to accept it and go from there.

EthelTheAardvark · 30/03/2022 15:53

@thunderandsunshine01

Get signed off by GP until your official end date with current employer and start the new job in the meantime?

Also if your new employer has already offered you the job then assume they won’t need a reference from previous employer? (Not sure on this one tho)

I suspect that would be fraud.
SparklyLeprechaun · 30/03/2022 15:58

Say you're experiencing health issues that are being exacerbated by work, and you may have no choice but to be signed off. They won't be happy to pay you for no work.

MaudieandMe · 30/03/2022 16:01

In your shoes I’d be clear to the manager that I’m leaving mid-May and do so.

They may try to sue you and argue that your notice period should be 4 months, but it doesn’t sound very clear cut and personally, I’d take the risk, especially if you’re getting signed off for poor mental health and lack of management support.

Fizzgigg · 30/03/2022 16:02

It's fairly standard education sector notice arrangement. Are you staying in the sector? If so I'd imagine your new employer would be aware of it. And yes you can then get signed off for a lot of it if you so desire and aren't reliant on a reference

ElegantPuma · 30/03/2022 16:02

I'm sorry, but long notice periods are standard in education. If it's also in your contract then there's not a lot you can do. Leaving in July would be the worst of all worlds, as you'd have done a full academic year and wouldn't get the benefit of the summer holiday.

Could you get signed off on sick and negotiate an earlier exit? I have a colleague who did that once. We have to give a full term's notice, but he was offered a new job in early May. HT said he'd have to stay until Christmas, and put on a Christmas show (drama teacher). That backfired big time because the teacher got signed off & we never saw him again.

daisybrown37 · 30/03/2022 16:08

If you are a teacher, then that is the standard notice period. As you didn’t resigned by 28th February, then you would be there until the end of the summer term.

They will not be able to replace you mid term, so would have to pay supply - so I can see why they are reluctant.

Lou573 · 30/03/2022 16:11

I’m intrigued by this notion that a GP would sign you off for sick for an extended period, don’t you actually have to be sick?!

jobproblems672 · 30/03/2022 16:23

I’m not a teacher, I’m a healthcare worker who goes around different schools

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ExConstance · 30/03/2022 16:24

I work in a fairly toxic environment. Everyone who leaves seems to get signed off with stress for their notice period, usually 3 months.

ElegantPuma · 30/03/2022 16:25

@Lou573 TBF my colleague was in a bad way as the HT had written him a vile, bullying letter. The HT handled it badly & deserved everything he got. Yes, my colleague was a few days late handing in his notice, but there was still the best part of a month before May 31st, so ample time to recruit a replacement for September.

yellowsuninthesky · 30/03/2022 16:36

@Lou573

I’m intrigued by this notion that a GP would sign you off for sick for an extended period, don’t you actually have to be sick?!
and you'd have to actually get a GP appointment!
DogInATent · 30/03/2022 16:52

You need to tell your new employer that you misinterpreted the notice period in your contract and that your employer is choosing to hold to it. They need to know you're currently not available for the start date you've agreed. You made a mistake assuming you would get the same special terms as your former colleague.

If you leave without completing the contractual notice period, your employer is entitled to take you to court for costs they incur as a result (e.g. the extra cost of hiring agency cover).

jobproblems672 · 30/03/2022 17:40

It’s just been so in limbo. They didn’t mention this until a week after I handed my notice in, so I already made arrangements. Then they said to hold fire as they will try to employ someone who can start in May. Only now are they telling me it’ll be July

OP posts: