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AIBU?

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Original poster

Can I be FORCED to work a notice?

299 replies

jobproblems672 · 01/04/2022 11:33

Hi,

I posted recently about handing in my notice in a job I hate. I was recently signed off for burnout and back pain which is ongoing and all due to my job. I also have a really long commute and long story short I am struggling to continue at this job.

I handed in my notice in mid March thinking it was 2 months. I misread it and it said 2 months effective from either 30th December or 30th april. So that means I have to stay until 30th June.
I already told my new employer I can start in mid May. It took my boss a week after I handed in my notice to tell me that I actually need to stay until July. Since then I’ve been in limbo about a start date as nothing was confirmed.

So I literally just sent a huge email stating that I’m really sorry, that I’m happy to serve a 2 months notice but I physically cannot work until July due to my mental and physical well-being.
She’s disregarded it and sent a short email saying sorry, your end date is 1st July and I can’t make this any earlier.

I can’t even sign off sick for the duration as I’d start my new job in May and that’d be illegal.

Am I wrong in thinking you don’t have to work a notice period? I literally explained that I can’t and won’t, and she didn’t take it for an answer.

Thanks

OP posts:
Original poster
jobproblems672 · 01/04/2022 18:25

I just feel like I’ve said multiple times that I’m unwell but didn’t want to leave instantly and put them under hardship. And all she’s mentioned is the students won’t get help for a few weeks. No notice or care of my well-being

OP posts:
SucculentChalice · 01/04/2022 18:31

I wonder if the lack of provision of an adult sized chair might be a breach of the Health and Safety At Work Act 1974 (or of one of the related regulations) on their part?

Do you have to sit down at work for long periods of time? Can you reasonably stand instead or is everyone else in the room sitting?

Original poster
jobproblems672 · 01/04/2022 18:53

Yeah so I’m usually on my own in a classroom or something having to write reports or admin. But because I’m not a member of staff there wasn’t always room for me so I’d have to sit in kids chairs. In fairness most of the schools have now accommodated me (although the desks are still tiny!)

OP posts:
Doggirl · 01/04/2022 18:56

But they can sue you for breach of contract and include this in any reference.

Any new employer worth their salt would ask the employee what this was about, rather than going "Oooh, old employer says breach of contract, person X must be a wrong'un."

If it turned out person X had walked out with no notice and no earlier indication of problems, then sure the new employer would reasonably be wary of person X's attitude. If it turns out to be about byzantine and disproportionate notice periods, then unless the new employer does similar themselves (you have checked this with your new employer, OP, haven't you?) it's unlikely to worry them.

yellowsuninthesky · 01/04/2022 19:21

@jobproblems672

“Thanks for letting me know, I will now escalate this to HR as they will need to follow procedures for breach of contract.“

I finally got this as an email and now I’m nervous lol

Don't worry - she is just trying to scare you. And it's working!

You can go back and say I understand your position - you advocate for the children and I need to advocate for me. So we are agreed that my last day will be [insert day you want to leave].

CrowUpNorth · 01/04/2022 19:21

It would be a breach. And the employer has the responsibility to sort, not just the schools. You should also have a stress risk assessment by the sound of it too.

Original poster
jobproblems672 · 01/04/2022 19:27

@yellowsuninthesky she replied with this - “Sick leave or unpaid leave won’t help the students to get the support they need, which ultimately is what this is about.
I have compromised with an earlier end date so is there anything you can do?
I have spoken to HR and their position is that it will be a breach in contract and will proceed in that way. I really don’t want to go down that route but I need to be an advocate for the children we provide a service to so if there is something you can do then please let me know.”

I replied with “ I completely understand about having a duty of care for the students but also for employees too. My health and well-being is extremely affected right now and causing a lot of difficulty in doing my job to the best of my ability anyway. I feel I need to put that first as the nature of the job has exasperated these problems.
I do feel I am too unwell at the moment but I made a compromise to work a 2 months notice and make sure that everything is ready and smooth for handover, to help you.

The contract says the notice would be effective from 30th april and then it’s 2 months from there - so 30th June. I’m unsure how this has been compromised as you’ve stated 1st July?”

OP posts:
Original poster
jobproblems672 · 01/04/2022 20:00

Not sure where this is gonna go

OP posts:
babywalker56 · 01/04/2022 20:09

Just leave when you’ve said you’re going to leave. Yes it’s a breach of contract but I don’t get why you’re dragging this out so much.

I would have just said ‘sorry but my last day will be X day as I start a new job on X day.’ Highly doubt they’ll take you to court

TheGrinchsDog · 01/04/2022 20:55

Are you in the UK @jobproblems672 I think you need to speak to a union or ACAS if you are or have access to similar.

Surely there should be a paper trail in healthcare about probationary periods etc?

HermioneWeasley · 01/04/2022 21:28

Out of interest, what notice do they have to give you?

Are there really only two times a year your contract allows you to resign?

Original poster
jobproblems672 · 01/04/2022 21:34

@HermioneWeasley 2 months after these dates. it’s 30th December, April and august

OP posts:
WalltoWallBtards · 01/04/2022 21:46

They won’t do anything. Of course they cannot force you to work and who would want to try to make someone work when they don’t want to! Tell them the date you’ll be leaving on and go.
You won’t get a reference but sounds like they wouldn’t gauge you one anyway.
You don’t even need a p45 to start a new job.

WalltoWallBtards · 01/04/2022 21:47

If they give you any shit you can always counter threat with taking them to a tribunal over their treatment if you over your health issues .

WalltoWallBtards · 01/04/2022 21:49

Don’t even tell your new employer where you’ve been.
If they do already know it’s perfectly fine to say there’s bad blood over you leaving.

Bananarama21 · 01/04/2022 22:18

Have you signed a contract op? One of.my jobs was awful expected to work overtime but not allowed time in lieu or paid for the time, she once kicked off with me for leaving on time, this was a minimum wage job,plus no pay for training even. I didn't sign a contract and I gave them one weeks notice. The owner demanded a month but I left and started new job. She actually sent a letter to my new manager who ripped up when I explained what happened and I stayed at that job for 4 years. As far as I was concerned I didn't sign a contract and agree to the terns of the contract.

Booboobagins · 01/04/2022 22:25

I've never heard of anything like this OP unless it's linked to a school or factory calendar...

You've been there 5 months, did you have a probation period? Dig out your contract, check it over with UKAS.

Under HSAW Act your employer has responsibilities for yiur health and wellbeing, so if your job makes you ill and they haven't made the necessary adjustments, even if they did try to sue you, it would likely fail.

If all else fails, do you have legal cover with an insurance policy - house/car etc? If so call the lawyer up. They can draft a letter for you.

I would also sign off sick again.

Booboobagins · 01/04/2022 22:33

So, caught up on all the updates and the only thing in my previous post that still stands is checking your insurance policies for legal cover. I hope you have some.

I have to admit I'm surprised by tge UKAS position esp as this is associated with your health and safety.

Understand SSP is crap but it's that or you further injure yourself....

Have they advertised your role? It maybe you can leave earlier if they have a replacement. What a mess and a complete lack of training to boot. Sounds like yet another crap employer :(

Original poster
jobproblems672 · 01/04/2022 23:20

Thanks @Booboobagins appreciate your comments Flowers I’ll definitely see if I have insurance policies. Annoyingly they have recruited for my role but conveniently they apparently can’t start until July 🤭 it is a bit of a mess

OP posts:
Indicatrice · 01/04/2022 23:27

No one is going to find you in breach when you’ve only worked there 7 months and they’re expecting 3 months notice from you. They’re being ridiculous or trying to bully you.

PancakePenelope · 02/04/2022 08:28

I would be really interested to hear how the manager feels that she has already compromised on you leave date OP! Sounds like she is sticking to 1st July, which isn't a compromise at all.

Even though you work at various schools, your employer is responsible for ensuring that you are in a safe environment suitable for the job that you do. The least that they should be doing is sending a standard occupational health checklist to each location and asking for photographic evidence that there is a work station meeting the requirements.
Where I work we carry out risk assessments for a site before we send people. We don't except them to barter with whoever is to hand when they arrive, scrape together what they need and make do!
A PP has said that health care is a small world and warned you not to burn your bridges. Surely it works both ways? Your current employers must have a reputation within the industry as not properly caring for their staff.

mumofEandE · 02/04/2022 08:33

I work in a school - support and have to give 2 months ( but not restricted to when in the year)
Yes teachers have to give a Term but then again it isn't restricted
Have you checked your contract?

You have another job lined up so I would go - leave on a pay day though!

SierpinskiSquare · 02/04/2022 09:03

I just feel like I’ve said multiple times that I’m unwell but didn’t want to leave instantly and put them under hardship

Have you evidence that you told them that you were unwell before you started looking for another job?

HermioneWeasley · 02/04/2022 09:05

So effectively there are only 3 points in the year where you can give 2 months notice. If you resigned on 1st September, you couldn’t actually leave until end of December so 4 months?

My personal opinion is that a court is very unlikely to find that to be fair. It’s a very different construct to a teacher being required to give a term’s notice.

Furbaby2842 · 02/04/2022 09:17

If you can afford to just resign with immediate effect. As PPs have said they are unlikely to take any legal action against you due to the costs. I work in HR, resigning with immediate effect is not uncommon