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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:
muddyford · 01/04/2022 12:37

An alternative might be to relinquish the six weeks salary from your current job for the period before you start mid-May in your new job. You can only ask.

StatisticallyChallenged · 01/04/2022 12:38

How similar/different is the new job compared to the old job?

Slightly different, but we had a member of staff who had two jobs. They ended up being given a fit note from the GP which effectively signed them off from one, but not the other, on the basis that they could do they work associated with job A but were not able to do the work of job B.

Comefromaway · 01/04/2022 12:39

It is very common for contracts in schools to have notice dates so they can be enforced. If my dh were to leave his school he would need to give notice on 31st October, 28th February or a date in May to be able to leave at the end of that term for example. If you miss that date you are stuck for another whole term.

But in your case it would probably not be worth pursuing you.

Original poster
jobproblems672 · 01/04/2022 12:41

Annoyingly I might not have a leg to stand on as the job is the same job title. However it’s an hour closer to my home than my current job (so driving with my bad back will be easier), it’s a completely different environment (not in schools) which has caused me burnout in the first place for numerous reasons (I work in healthcare, different schools each day of the week, it’s extremely isolating, I don’t get treated as a member of staff by them, and I never see my team), and I won’t be forced to sit in kids chairs!

OP posts:
Original poster
jobproblems672 · 01/04/2022 12:41

I would even understand if they said I have to stay til the end of this Easter term, or even May half term. I’m not even a teacher

OP posts:
Suedomin · 01/04/2022 12:42

I think you should talk to an employment lawyer. But think what practically what can they do if you leave early. I assume they could withold your last pay. I doubt they would go to the bother and cost of taking you to court for breach of contract. But you need to consider whether you would ever need them to give you a reference.

ChicCroissant · 01/04/2022 12:43

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.

SafelySoftly · 01/04/2022 12:47

Of course a school will want you to follow the notice period in your contract. I suspect they’re not very happy with you if you’ve only been there a few months, been off and are now off. It’s very expensive to recruit. Are you sure the new school will be better?

You keep posting with the hope you get a different answer. You can get signed off sick but, as you say, you can’t start working elsewhere.

You need to be careful that current employer doesn’t write to new employer explain how unreliable you are. Which is entirely accurate so there’s nothing to stop them doing so.

Your best bet is to get signed off sick and then see if new job will wait for you. Or walk out and say you’ve been constructively dismissed but I would be considering your reputation in the industry.

Teenagequeenwithaloadedgun · 01/04/2022 12:48

Legally, they can do nothing other than potentially sue you for the cost of recruiting a replacement- this is highly unlikely though.

You cannot be forced to work. I would start the new job, just bear in mind references though.

Original poster
jobproblems672 · 01/04/2022 12:48

I’m not employed by a school…. I’m not a teacher. I work for a private healthcare company and the schools pay us to come in.

OP posts:
Original poster
jobproblems672 · 01/04/2022 12:49

And I’m not off at the moment, I said I was signed off for a week last month.

OP posts:
DPotter · 01/04/2022 12:52

Check your house insurance - some have a legal benefit which could help with consulting an employment lawyer

BugsyDrakeTableScape · 01/04/2022 12:52

Someone did this where I worked. Had a three month notice period, served one weeks notice. Nothing happened - too costly to pursue it as breach of contract for realistically no gain.

KupoNutCoffee · 01/04/2022 12:53

The term seems weird, I'm not sure how it could be enforceable.

If I'm reading it correctly....you could had in your notice on the 1st may (missing the 30th April deadline). But apparently it doesn't apply until the next possible date of the 30th December. So your two months starts then. Meaning you couldn't leave until the 30th March. 11 months after you handed in your notice. Which seems unfair for even the most senior of roles. And not even a 'good' time to break up the term.

Original poster
jobproblems672 · 01/04/2022 12:55

@KupoNutCoffee ah sorry it includes 30th august too. So yeah, if you hand in your notice on 1st May you have to wait until then, so you can’t leave until 30th October

OP posts:
InFiveMins · 01/04/2022 12:55

No you cannot be forced to work a notice and your employer is being completely unreasonable given your status in the company and length of time you've been there.

I would reply to the email you received and advise you will be leaving on the day you told her you would be leaving, and ignore any threats of being pursued. It isn't worth it to a company to sue you for leaving your notice period early.

UnexpectedItemInShaggingArea · 01/04/2022 12:56

Just leave when you want to leave. The employer would have to then take action against you which they won't as it's costly and time consuming.

Good luck with your new job!

yellowblanketban · 01/04/2022 13:01

Can't you speak to new employer and say your current employer has confirmed your noticed period is to July not May and apologise for the misinformation. And the a arrange a start date for July?

SafelySoftly · 01/04/2022 13:01

Yes but you’ve been off a lot for a short contract. I’m surprised they don’t want to see the back of you. I presume your new contract asks you to confirm you’re free to work there, which you’re not if you are employed elsewhere. They won’t be happy and will probably sack you if they find out you’ve lied. You need to negotiate harder with current employer to get released, you’ll probably need to threaten legal action.

ChicCroissant · 01/04/2022 13:05

You knew the contractual terms OP, you are taking the most stressful route possible here by fighting it. Which is entirely your choice but it would be far easier to accept it and work something out with the new employer. If you really did email your current employer and say that you can't and won't work it, they won't be in the mood to negotiate after that!

thebabynanny · 01/04/2022 13:06

Realistically, is there any chance they will take you to court? I highly doubt it.

With such an odd notice period and you being unable to work due to ill health anyway, I can't see them being successful even if they did.

I'd leave, start your new job and not give it any more thought.

CrowUpNorth · 01/04/2022 13:07

@lalaloopyhead

They can't force you to work your notice and it is unlikely that they will persue breach of contract, but they obviously don't have to pay you for the notice period.

I believe you can be signed off work for one job, but be fit for work for another so that should affect your new start date.

You'd want to be really sure about that- people working for one employer while signed off at another is generally fraud.

Re consequences of not working notice, it will differ based on what job you are in now and what you are going into. In quite a few professions you could face disciplinary action from your regulator for leaving an employer in the lurch as it is unprofessional, e.g if you are a teacher or accountant. If you are an admin or dinner supervisor, that's unlikely to be an issue. I'd imagine it would count against you quite strongly if you ever went for another job in a school, as it would be quite obvious from employment dates and references what had happened. They could technically take legal action but that is unlikely to worth their while unless you are in a high powered job .

Given the likelihood that being stuck in such an awful work environment will lead to being off sick again, it would clearly be in everyone's interest to let you go, but if you work in a bureaucratic place, they might not give managers that discretion.

thebabynanny · 01/04/2022 13:07

If they sacked you without giving you the correct notice it would be really difficult for you to enforce it too, so it works both ways.

burnthur5t · 01/04/2022 13:11

Nobody can force you to work your notice

If you wanted to you could walk out right now and never go back

Yellownightmare · 01/04/2022 13:12

So it's really the case that employers can sack you for any reason within the first two years, but you have to work your notice period? This seems totally unfair and way too weighted in favour of employers.