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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 17:18

“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

OP posts:
DameHelena · 01/04/2022 17:28

Escalate it right back. Point out to them the reasonable adjustments they have not made for you (I presume you have details in writing of meetings/discussions about this).
And please, talk to a lawyer.

PancakePenelope · 01/04/2022 17:30

@jobproblems672

Thing is I have accepted I am in breach of contract and apologised profusely but I just can’t see out the time. Either I finish in May or I sign off sick which isn’t in the best interests for anyone.

She’s still saying I can’t leave and that im a valued member of the team…

If you are a valued member of the team why are they not insisting that you are provided with a safe working environment and the basic necessities required to do your job? I obviously don't know all of the circumstances, but to me it doesn't sound like you are suffering from "ill health" it sounds like you are suffering from a work place injury due to being forced to sit on children's chairs?! It's not surprising that your mental health has also been compromised when your employers haven't listened to your perfectly reasonable requests. As an employee you are entitled to more than just your pay. Don't work beyond the notice you gave. If they mention suing for breach of contract tell them that you will raise a counter-claim under the Health and Safety at Work Act.
MajorCarolDanvers · 01/04/2022 17:33

They can't force you.

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

MissLucyEyelesbarrow · 01/04/2022 17:37

If the OP gets a fit note from the doctor saying she is unfit for that job from 31st May and starts her new job on the 1st June she won't have been off sick for months

So you want her to commit fraud by starting employment for a new employer, while employed and receiving sick pay (even if it's only SSP) from her current employer?

And her current employer obviously won't suspect a thing, what with the sickness magically co-inciding with the date she has already said she wants to leave.

thebabynanny · 01/04/2022 17:37

@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

Are you very highly paid or a very crucial part of the business?

If not I imagine their procedures will not amount to very much.

TheGrinchsDog · 01/04/2022 17:42

You've been there less than a year, they could fire you with no notice and you could leave with none.

They cannot physically force you to work notice and as an aside a 2month notice is ridiculous!

Call ACAS if you are in the UK for advice.

Original poster
jobproblems672 · 01/04/2022 17:42

@thebabynanny well I’m on a decent salary but I’m not high up or anything, I don’t supervise anyone. Only been there 7 months too

OP posts:
BuanoKubiamVej · 01/04/2022 17:43

Email back copying in HR.

"Given that my reason for leaving is the company's disregard for my health, safety and wellbeing in the job such that remaining in post would make me too ill to work anyway, any such action would be counterproductive in the long run for you. I would prefer to leave on good terms but I will happily give evidence to any independent hearing about how my needs have been ignored. If I am not released from my contract I will be talking to my doctor to arrange to be signed off as sick because my health simply cannot withstand the stress of continuing in this post until July so you will need to make arrangements for my work to be covered either way."

They do not need to know that you can't afford to live on SSP. Keep that to yourself.

Hobbesmanc · 01/04/2022 17:51

@TheGrinchsDog

You've been there less than a year, they could fire you with no notice and you could leave with none.

They cannot physically force you to work notice and as an aside a 2month notice is ridiculous!

Call ACAS if you are in the UK for advice.

I work for a private healthcare provider and lots of fairly junior employees are on two months notice. We very rarely waive it unless there's a perception that an employee will be disruptive or just so negative that it's a detriment.

I imagine if there's no sick pay then that's not an option. If you are really adamant about going early I get you could start to raise legitimate grievances following their policies and hope that someone in HR just thinks it would be easier to compromise you out.

Healthcare is a small world so I don't know if you want to burn bridges. Also if you start your new job in breach of notice is there a risk that they could inform new employer you are still technically employed. Not a great look in your first week.

LemonGelato · 01/04/2022 17:57

@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

You said it was a tiny company with no HR so I am guessing that either a) there is no HR to escalate it to and they are bluffing to see if you back down b) they outsource HR to one of the big providers, c) they are taking legal advice

If it's b or c then they will get the same advice other posters have given you, which is they an take legal action against you for breach of contract. But it's very rare as the costs of litigation & hassle factor usually outweigh the damages they might get back if successful (and they might not be). If such a thing was escalated to me I'd be saying "is it worth it, let it go".

If you really need to leave in May and decide to do so, I'd tell you new employer now what's happened, i.e you told them you could start in May in good faith, the clause is unreasonable, you have given 2 months notice, are now having to breach the contract but feel you have no choice. And that as a result you may now not get a reference from the employer. Honesty is best policy. Most new employers would think 2 months notice is reasonable and not be bothered.

Keep anything that may prove your performance was good e.g emails, a probation review, as you can supply those to the new employer may in lieu of a reference.

Original poster
jobproblems672 · 01/04/2022 17:58

There was only so much they could do I guess. I never saw my manager or supervisor in person.
When I told them about my back pain I had to sort it out via each school and they didn’t get involved.

Although they did question why I needed wifi at school, and told me to use my hotspot even though it cost money and I have no signal at some schools. I pay for some website subscriptions that I asked multiple times that we could get as a company but they never listened. I didn’t have access to printers or resources.
I also asked multiple times for shadowing and advice about a particular client group that I had zero experience on, but this never happened and I just have had to get on with it and pretend I know what I’m doing.

They say they’ve done their best to make adjustments but this has only involved a well-being meeting each week and advice on how to limit my caseload.

Is this good enough grounds?

OP posts:
Original poster
jobproblems672 · 01/04/2022 18:00

Oh I never had a probation or appraisal either not one mention of it
Was also advertised as a local job and I am driving 50 miles every day with no petrol paid

OP posts:
AlisonDonut · 01/04/2022 18:08

@jobproblems672

Oh I never had a probation or appraisal either not one mention of it Was also advertised as a local job and I am driving 50 miles every day with no petrol paid
In your contract did it mention any probationary period and notice period during this period?
Original poster
jobproblems672 · 01/04/2022 18:10

“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 the end date, 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”

??

OP posts:
Original poster
jobproblems672 · 01/04/2022 18:11

@AlisonDonut yes. It says 3 months probation, I will be notified of the outcome (I wasn’t) and you can be terminated during this

OP posts:
TooManyPJs · 01/04/2022 18:14

You can be off sick from one job but not from another.

GabriellaMontez · 01/04/2022 18:16

So are you still on probation? Then how can they hold you to this notice period?

Does your contract or handbook not refer to this?

Original poster
jobproblems672 · 01/04/2022 18:20

No I’m not on probation still, they just never even mentioned it or did anything

OP posts:
GabriellaMontez · 01/04/2022 18:22

So how do you know you passed your probation if they haven't said so?

bigboo · 01/04/2022 18:24

Hi, I am an Employee Relations Specialist. Without reviewing all your contractual documents, I can confirm that it seems that you have a contractually enhanced notice period which you will be obliged to work. This contractual notice period supersedes any legal minimum notice period. Your company could take out a claim against you if you do not work your full period but this would take time and money so they may simply make a loud noise which they don't follow through with legal action.

If you are unable to work your notice period due to ill-health, then you should get yourself signed off by your GP. This is likely to be in two week blocks. However, you absolutely cannot be signed off work with your current company and be working for your new company. This would be cause for a further claim against you.

Out of interest, if your notice period is two months from 30th April (which, by the way, seems odd?), then why is your boss saying you need to work until July. Your obligation to them is 2 months - until the end of June. If they can't recruit anyone until July, that's their problem, not yours.

So, in short, your only recourse is to get yourself signed off until the end of your notice period i.e. end June. If you absolutely must start work with your new employer in mid-May, get yourself signed off until then and start your new job, crossing your fingers no claim is made. However, my best advice (from a legal, purist perspective) would be to explain to your new employer that you have made a mistake and can't start work until 1 July. If they are a decent employer, they should understand and make adjustments.

Original poster
jobproblems672 · 01/04/2022 18:24

To be honest they’re pretty useless at that stuff. I remember at the Christmas do someone mentioned it and boss made a joke about how they forgot and just made a passing comment about “oh yeah, probation is up”

OP posts:
GabriellaMontez · 01/04/2022 18:25

OK. Not a lawyer. Not giving legal advice.

I'd let them know that I'd be raising a claim for constructive dismissal given their failure to address your health and safety and training needs etc.

They sound like cowboys that want to take everything they can but give nothing back.