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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 · 02/04/2022 09:31

Thank you all. Yeah I did tell them I was burnt out before I handed my notice in- they offered zoom meetings to go through my caseload etc but that was kind of it. I also showed them evidence of my back pain, x rays etc. No mention of occupational health, just was told to sort chairs myself, and they’d get involved if it wasn’t sorted.

And yep notice is only effective 3 days of the year!

OP posts:
Alarchbach · 02/04/2022 09:34

Op, honestly, I would just go on the date you want to go. If they start threatening court, do the same with them about the lack of adjustments for your condition.

yellowsuninthesky · 02/04/2022 13:32

@Alarchbach

Op, honestly, I would just go on the date you want to go. If they start threatening court, do the same with them about the lack of adjustments for your condition.
This.
KatherineJaneway · 02/04/2022 14:47

They can't force you to work your notice. Yes they probably have legal recourse to take you to court but will they really do that? The time and money it would take? Highly unlikely.

I'd just be clear about the date you are going and stick to it.

Morechocmorechoc · 02/04/2022 15:24

I'd get a note from your doctor stating you cannot travel that far or sit in the conditions. Di you have emails saying you have to sort yourself with each location e.g chairs etc? If so I would say....

Dear xxx

I will be leaving on x May due to Conditions with my health meaning this job is not sustainable. It will be an extreme struggle for me to continue until then and is against medical advice, however I am giving you time to cover my role best I can.

I have requested help regarding my condition and have been met with email stating I have to sort it myself. I am still left using kids desks and chairs and have severe back pain. You as an employer have not made any effort to help with medical problems and therefore I do not expect to hear any further regarding breaching of contract as you have not upheld your requirements as an employer.

Kind regards

Xxx

BornBlonde · 02/04/2022 21:59

Call ACAS.

Also have your thread moved to Employment.

Thanks for you, the treatment you've received is dreadful

Valeriekat · 03/04/2022 08:50

An employment contract that breaches employment law can't be enforced.

Valeriekat · 03/04/2022 08:51

Can you get signed off sick until the end of your contract?

Original poster
jobproblems672 · 06/04/2022 20:31

UPDATE

So I tried everything and boss eventually threatened court to cover the costs of me leaving early - she said it’s a route she didn’t want to go down. She said as a compromise I could work until 30th may - so in time half term. I agreed.

Told my new boss I’d have to start on 31st may rather than 11th may. But my new boss is off until 13th June and I’d need an induction so I’d be going 2 weeks with no income.

Now I’m really really stuck. I can’t afford no income. Plus I hate this job. Do I risk court or go two weeks no income??

OP posts:
OnceAgainWithFeeling · 06/04/2022 20:36

I’m not sure you can have the penny and the bun.

Original poster
jobproblems672 · 06/04/2022 20:37

Probably should’ve been clearer - NEW job boss is off from end of may to mid June so I can’t start then, meaning I’d have 2 weeks out of a job.

I can’t stand this job and want to leave but she’s threatened court

OP posts:
OnceAgainWithFeeling · 06/04/2022 20:41

You’re breaching your contract by leaving early. You can’t demand that you leave in a certain date. Your current employer has compromised (when they didn’t have to).

Merryoldgoat · 06/04/2022 20:42

Is your new job a firm offer? Will you have an repercussions if you just don’t go in?

I seriously doubt they will take you to court for a month’s short notice.

cansu · 06/04/2022 20:45

I would be tempted to send them a letter saying that your health means that you can no longer continue in your current role. I would also say that you were unaware of their unusual resignation date requirements and you will take legal advice about whether these conditions are compliant with employment law.
Reiterate the date you gave notice and the date you will be leaving.
Say something nice about it being a pity that the working conditions meant that you could no longer continue to work there.
I would be astonished if they try to recoup money from you.

NeverDropYourMooncup · 06/04/2022 20:56

Get a credit card now and only use it to keep your head above water until your first payday in the new job.

Crunchycrouton · 06/04/2022 22:06

@jobproblems672

UPDATE

So I tried everything and boss eventually threatened court to cover the costs of me leaving early - she said it’s a route she didn’t want to go down. She said as a compromise I could work until 30th may - so in time half term. I agreed.

Told my new boss I’d have to start on 31st may rather than 11th may. But my new boss is off until 13th June and I’d need an induction so I’d be going 2 weeks with no income.

Now I’m really really stuck. I can’t afford no income. Plus I hate this job. Do I risk court or go two weeks no income??

I hope you got the 30 May date in writing from them. It’s close to meaningless if you didn’t.

Have you signed a contract with the new employer?

BornBlonde · 06/04/2022 23:36

Did you try ACAS?

Original poster
jobproblems672 · 07/04/2022 07:38

Yeah I have it in writing. It’s just i thought it was a good compromise but if I suggest 11th may again she’s threatening court.

I spoke to ACAS who said that the clause sounds funny but I need to seek legal advice

OP posts:
Original poster
jobproblems672 · 09/04/2022 09:30

“it's disappointing that you haven't seen this as an opportunity to support the students on your current caseload, where as if you leave on 11th May then they will not have input for over a month and a half.

Occupational health is via self referral to employee programme which we have frequently sign posted you to (all recorded). We have been in contact with schools about this too and it is something they have all said they can provide (all recorded and evidenced). The clause is not 3 days a year but there is a cut off for each term, this is common practise in educational contracts (most teachers have this).

I'm not going to be taking it any further but I'll leave it in your hands to make the decision as I need to be putting my time into other areas.

If you decide that May 11th is your cut off then you will be in breach of your contract which will be formally recorded and it is within my rights to refuse a reference. This can be explained verbally if the new/future employer queries it. I would also advise you to be honest with any future employers and other employers might not be so understanding.“

HELP, What should I do? I never even knew they’d been in contact with my schools and they’d signposted us to the programme in a group chat but never told me how I can get in contact with OH.

My new employer seems to understand and be sympathetic with me but is it a bad idea to ruin my references??

OP posts:
TheKeatingFive · 09/04/2022 09:40

My new employer seems to understand and be sympathetic with me but is it a bad idea to ruin my references??

Just be totally upfront with your new employer about what's going on and then don't worry about it.

They're just trying to frighten you.

In your reply, refer to how they haven't supported your medical needs, which has made staying any longer impossible to you.

ChicCroissant · 09/04/2022 16:47

@ChicCroissant

ACAS have told you it would be a breach of contract, it's standard for schools that there are only a few dates you can leave on though and you are at fault here OP - contact the new job and let them know that you need to change the start date because you got it wrong.
I know I'm quoting myself here but that's because the advice hasn't changed OP - speak to your new employer and tell them you got it wrong, give them the date you can start.
TheKeatingFive · 09/04/2022 17:45

I know I'm quoting myself here

🤣

TheKeatingFive · 09/04/2022 17:47

Impactful

Anyway OP, there's no need to worry about a lack of reference for the future, you simply tell anyone who asks the truth, which is that your medical needs weren't met and you simply couldn't stay any longer. There's nothing unreasonable about that at all.

Original poster
jobproblems672 · 09/04/2022 18:13

Oh I’m so stuck. DP and my mum tell me to just stick it out to not affect future references…

OP posts:
TheKeatingFive · 09/04/2022 18:24

Oh I’m so stuck. DP and my mum tell me to just stick it out to not affect future references

I really wouldn't worry.

Given that it's such a short amount amount of time in your employment history. If you couldn't summon up a reference for a job you'd spent 8 years in, that might be concerning, but in this case not at all.

Plenty of jobs don't work out, lots of times it's the employers fault (as it is in your case) and everyone knows that this happens.