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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
TheKeatingFive · 09/04/2022 18:26

In your correspondence with them, make lots of references to their failure in their duty of care to you.

Maybe see an employment lawyer about taking legal action over this.

Original poster
jobproblems672 · 19/04/2022 08:40

Hi all,

Now I’m fuming.

I agreed to work until 27th May so I could get a reference (it was only 2 weeks longer than I stated).

After them saying they tried hard to recruit someone and couldn’t find anyone until July, my boss has just messaged the group chat saying “welcome X! X will be starting today in schools in [my local area]”.

So she could EASILY have replaced my schools. They told me they couldn’t find any new recruits until July.

I should say something shouldn’t I, I’m livid

OP posts:
TheKeatingFive · 19/04/2022 08:56

Just shows you OP, they were full of shit. Please remember this if you're ever in this position again.

But I wouldn't engage now. They won't care what you think and you don't gain anything by getting emotionally involved. Just give as little as you possibly can to them and the job until you leave.

SafelySoftly · 19/04/2022 09:16

It’s irrelevant. They’ve let you out of your notice period months in advance as a gesture of goodwill. I’d keep your mouth shut and be grateful!

TheKeatingFive · 19/04/2022 09:36

OP, you don't have to be 'grateful' to the employers who threatened your health and emotionally blackmailed you. Quite the opposite.

Just don't give them any more of your energy, emotional, mental, physical, otherwise. Do the absolute minimum until you leave. Keep all your focus on your new job, onwards and upwards Smile

Original poster
jobproblems672 · 19/04/2022 09:38

Thank you @TheKeatingFive 😀

Do you think I should say something about the new person? I feel I’ve been lied to and misled to be honest

OP posts:
TheKeatingFive · 19/04/2022 09:47

Do you think I should say something about the new person? I feel I’ve been lied to and misled to be honest

You're right to feel that, because you have been. What arseholes.

But no, I don't think you should say a word. They don't care and it'll just drag you into an emotional place that you don't need right now. In a few short weeks you'll never need to think of them again. Just keep focused on that and looking after yourself and don't let them drag you down.

Refuse to do anything that compromises health and safety in any way for the remainder of your notice period however . Get a note from your doctor.

BuanoKubiamVej · 19/04/2022 12:08

You have been misled and lied to but it's not your job to fix this. It soon won't be your problem any more. Don't try to talk to the new recruit about it - that could be misconstrued as bitter troublemaking. Keep your head down and work exactly "to rule" - do not go the extra mile orput yourself out. Do not "make do" with inappropriate facilities and do not put your health and safety at work to risk by ignoring the issues that are causing you distress. If that means some of the work doesn't get done over the next few weeks because you are sitting in your car or in reception waiting for appropriate arrangements to be made by the school before you can start work then so be it.

Chickalick · 19/04/2022 14:29

OP, I would just leave in May. I've just seen you haven't been in the job that long so it shouldn't make things too hard re references. I'd just say you took a 6 month sabbatical or something or other if asked about gaps in employment.

As PP have said, it's highly unlikely they'll do anything, not worth their time, money or energy.

Quincythequince · 19/04/2022 14:42

You’re breaching your contract if you don’t.
What, If anything they decide to do about that, is anyone’s guess.

Original poster
jobproblems672 · 20/04/2022 09:12

I’m being blackmailed!

I said “so you’ll only give me a reference if I stay until the 30th and not the 11th?”
She said “yes that’s exactly what I’m saying. Assuming a quality of work until then”.

I just hate this job so much. I’ve been lied to, being blackmailed and I have to be here another 6 weeks even though I handed in my notice 5 weeks ago

OP posts:
TheKeatingFive · 20/04/2022 09:15

Get yourself signed off sick til the 30th OP. Beg, borrow, steal so you can take the hit. They are pricks.

ChrisS36 · 20/04/2022 09:59

Tell them slavery was abolished almost 200 years ago. They can’t force you to work against your will.
They could deny you reference however.

littledrummergirl · 20/04/2022 10:18

I would be inclined to say I'm leaving after my two month notice, I'll see you in court.
I don't respond well to threats and would happily let someone impartial decide. It might help those who come behind you.

Seafog · 20/04/2022 10:46

They are treating badly, hopefully the new position will be much better all around.

Itshonestlynotthathard · 20/04/2022 11:06

Op, just leave it
Not knowing when you will be successful re recruitment is very common. The school managed sooner than expected.

Itshonestlynotthathard · 20/04/2022 11:07

ChrisS36 · 20/04/2022 09:59

Tell them slavery was abolished almost 200 years ago. They can’t force you to work against your will.
They could deny you reference however.

They will look at you rather quizzically if you say this

Itshonestlynotthathard · 20/04/2022 11:08

jobproblems672 · 19/04/2022 09:38

Thank you @TheKeatingFive 😀

Do you think I should say something about the new person? I feel I’ve been lied to and misled to be honest

Absolutely not

Itshonestlynotthathard · 20/04/2022 11:12

It was not a sure thing at all that she could recruit earlier than the end of the school term.

I very much doubt they misled you re no thinking they could recruit before then

and would be easily proved one way or otherwise if you did decide to pursue

Puzzledandpissedoff · 20/04/2022 12:26

Do you think I should say something about the new person? I feel I’ve been lied to and misled to be honest

Only if you want to look ridiculous
Since you're going, and wanted to break your contract to do so, I doubt they'll care what you feel whether it's justifiable or not

As always it's impossible to know without being there, but their comment about "assuming a quality of work" until you get your reference sounds to me like someone who's thoroughly disenchanted with you. No doubt it's galling to learn you were replaced so easily, but on the whole it's probably best to keep your head down for the time it takes and then put it behind you

Justanotherlittlename · 12/10/2022 16:37

What did you end up doing @jobproblems672 ?

johnd2 · 12/10/2022 17:46

MissLucyEyelesbarrow · 01/04/2022 11:48

Of course you have to work a notice period - that's the whole point of them. If it was your boss giving you notice, instead of the other way round, would you expect her to be able to stop paying you after 1 month if the notice period was 3 months?

I agree with @Schoolchoicesucks that, in reality, they are unlikely to take any action against you if you don't. But, if your AIBU is: Is it unreasonable for an employer to expect an employee to work the notice period in her contract then, yes, YABU.

Of course the company can stop paying you after 1 month instead of the contractual notice if they are unable to carry on, eg if it's gone into liquidation and has not enough assets. It works both ways.

johnd2 · 12/10/2022 17:48

Sorry zombie thread!!!

Dibbydoos · 12/10/2022 19:17

TooManyPJs · 01/04/2022 18:15

This sets out your case, OP.

Get signed off sick ref the job that makes you ill. Inform them you are working elsewhere as that job isn't affected by your illness. Quote the case above as your reference for doing this. Ask your GP to support this with relevant sick and fit notes.

Not sure why UKAS didnt refer to this case law...

if you have legal cover on your home insurance, call a lawyer and get them to review tge approach before proceeding.

Good luck.

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