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Original poster

Leaving job and not working notice period

152 replies

BlueLagoon5 · 10/03/2023 10:07

Posting for traffic as I'm hoping someone can help me on this.

I started a new job on Monday and I don't like it there already. The job role is completely different to what I was told/what was advertised. The training has been non existent and I've been left on my own since yesterday as the manager and another colleague are off, whilst the other is working from home due to the weather. I've got emails/phone calls coming in and have no idea what I'm doing. The manager isn't particularly very nice either. I've already witnessed her snap and shout at another colleague (on my second day and third day) and apparently this is not unusual. It's making me anxious, like I'm too scared to ask a question in case she snaps at me. She hasn't yet but I'm sure it's only because it's my first week. It is only a temporary 12 month cover role any way.

My plan is to email her tonight when I get home with my resignation/one weeks notice, but I really really don't want to go back next week. In the contract it states that the company can withhold wages if the employee doesn't work their notice period and the company suffers a financial loss as a result - if they have to pay someone else to cover their duties etc. If I was to phone in sick on Monday and just drag it out for the entire week, would that still stand? I'm hoping they just mean when someone walks out.

I have enough savings to tie me over until I find something else but it would be helpful to be paid for the work that I've done this week (around £500 I think), plus I've spent money on travel.

Any advice would be appreciated.
TIA

OP posts:
Original poster
BlueLagoon5 · 10/03/2023 10:43

That was before I knew what a terrible company they were and how they treat their staff @Brefugee

OP posts:
Purplecatshopaholic · 10/03/2023 10:43

Brefugee · 10/03/2023 10:41

act like a grown up who signed a contract, OP.

This. For goodness sake op.

mumto2teenagers · 10/03/2023 10:44

They will probably still pay you for the hours you have worked, but I wouldn't risk it. I'm assuming as your manager works in HR she will make the call on whether you get paid or not.

It is likely that as you are not trained up they will ask you to leave and pay your notice rather than making you work it, or you could request that you leave with immediate effect but still offer to work notice.

I would also resign now so you can speak to her today and get it over with, that way you can enjoy your weekend worrying about next week.

MrsDanversGlidesAgain · 10/03/2023 10:44

BlueLagoon5 · 10/03/2023 10:39

@MrsDanversGlidesAgain yes it's just 1 week, but I don't want to work the notice period and I don't know if they will pay me for the work I've done this week if I just leave.

And they'd be within their rights not to do so if you leave them high and dry by just walking out. For a start there's the expense of replacing you.

YellowAndGreenToBeSeen · 10/03/2023 10:46

It will be extremely obvious you’re swinging the lead if you resign today & then call in sick on Monday.

Resign, offer with immediate effect but if they say no, let them know you need xx time off for interviews. Be a grown up!

Viviennemary · 10/03/2023 10:47

I think it's a bad idea to phone in sick especially if you are going for interviews. It will be obvious you are lying. But it's up to you.

Original poster
BlueLagoon5 · 10/03/2023 10:47

Thanks for your replies and advice, but I wont be going back there. I just wanted advice regarding the contract/pay etc. Thanks

OP posts:
Lavender14 · 10/03/2023 10:47

YellowAndGreenToBeSeen · 10/03/2023 10:46

It will be extremely obvious you’re swinging the lead if you resign today & then call in sick on Monday.

Resign, offer with immediate effect but if they say no, let them know you need xx time off for interviews. Be a grown up!

I think this is fair. You took on a contract and you booked interviews when you were due to be in work. I would do as above.

Brefugee · 10/03/2023 10:48

I have interviews booked in next week that I won't be able to attend if I have to work so I need the time off.

shit as they may be, that is no concern of your present employer.
Alternatively: resign, tell them that you have unavoidable appointments next week and that you would prefer not to work your notice because of that. However - they wouldn't be unreasonable to sue you (or not pay you to cover their costs) if they end up out of pocket because you aren't resiliant enough.

Aussiegirl123456 · 10/03/2023 10:48

Life’s too short for that.

Just hand in your notice and leave. They’ll pay you because they won’t be able to prove they’ve had a financial loss of you go, given you’re untrained and have only been in the job for a week.

I have done this before. The workplace and the manager were just toxic and I could not be there any longer. I stated ‘personal reasons’ and I’d need to leave with immediate effect. It didn’t burn any bridges as I was later employed by the same company in a different department, whom were just lovely.

Every day is precious and all that…

MrsDanversGlidesAgain · 10/03/2023 10:49

BlueLagoon5 · 10/03/2023 10:43

That was before I knew what a terrible company they were and how they treat their staff @Brefugee

OP - in my working life I've worked for a variety of terrible companies (I temped for years). I still abided by the contract I'd signed with the agency which was that I'd give the correct amount of notice because I'm professional, and just because someone behaves badly doesn't mean I have to do the same. Check your notice period, resign, keep your head down and tell yourself you're on your way out, you don't care.

Turnthelightoff · 10/03/2023 10:49

Could you word your resignation to draw out the fact that you are resigning because the job does not match the description and that you have not been given sufficient training to date to be effective in what the role actually is. Making the point that you’re extra effort to have there for the weeks notice than not?

lazycats · 10/03/2023 10:52

YABU to expect to be paid if you breach the contract like that. Notice periods exist for a reason.

Personally I'd stick it out until the manager who's presumably training you returns but if not then there's a price to pay.

Original poster
BlueLagoon5 · 10/03/2023 10:52

Thanks @Aussiegirl123456

I'm hoping that will be the case. Yes life is definitely too short to be unhappy. I don't really care if I'm not resilient or what the other posters have called me Smile

OP posts:
Hapoydayz · 10/03/2023 10:55

I would prefer an employee not to come in or work notice if they had been there just a week. There would be no point them working notice and being paid for no real benefit to the company.

anerki101 · 10/03/2023 10:56

Life is definitely too short. I wouldn't hesitate either. I'd email my resignation and state that I will not be returning to work the weeks notice as I was misled, the job wasn't what it was supposed to be, etc. Can't see that they'll do anything.

Frabbits · 10/03/2023 10:59

BlueLagoon5 · 10/03/2023 10:42

@Frabbits I have interviews booked in next week that I won't be able to attend if I have to work so I need the time off.

You can still work your notice out apart from that. Far better than just calling in sick.

DaftFunkyMusic · 10/03/2023 11:00

Even if they don't pay you, surely it's only two weeks of lost wages? If you're that unhappy at your new role, that becomes relevant

Frabbits · 10/03/2023 11:00

BlueLagoon5 · 10/03/2023 10:52

Thanks @Aussiegirl123456

I'm hoping that will be the case. Yes life is definitely too short to be unhappy. I don't really care if I'm not resilient or what the other posters have called me Smile

The point being, that presumably this company doesn't exist in a vacuum.

People who are shit employees get a reputation.

BrutusMcDogface · 10/03/2023 11:02

Resign and work your notice. It might be uncomfortable next week but it’s something you have to do, imo. It’s only a week.

Original poster
BlueLagoon5 · 10/03/2023 11:04

That's fine @Frabbits
My happiness and mental health are far more important, than what a company thinks of me in my opinion.

OP posts:
Frabbits · 10/03/2023 11:06

It's a week, and the risk is that someone at this company talks to someone else, and says "oh yeah, BlueLagoon5 turned up for us, resigned after a week and then faked being ill rather than turning up for a few days of notice".

And that person will think "yeah, never giving her a job".

For the sake of literally what, 4 days, if you are planning on attending interviews I would just put on some grown-up pants and battle through, but that's up to you.

LemonGelato · 10/03/2023 11:15

BlueLagoon5 · 10/03/2023 10:47

Thanks for your replies and advice, but I wont be going back there. I just wanted advice regarding the contract/pay etc. Thanks

Addressing only your question about the clause in your contrct on witholding pay. If they didn't pay you for the week worked you'd be able to make a claim in Emplyment Tribunal for Unlawful deduction of wages. (Speak to ACAS for more details). They'd have to prove the loss incurred and that invoking the clause was reasonable.

In reality most employers won't use the clause, it's to put people off leaving with no notice. If they did withhold all or some of the weeks pay then email them and complain - most employers in that scenario will back down at the mention of unlawful deductions & tribunal claim anyway, and just pay it as they can't be bothered with the time it takes up.

If you are not entitled to any sick pay due to short length of service, then putting aside the morality of reporting in as sick when you aren't actually sick, at least they aren't paying you for the absence.

misssunshine4040 · 10/03/2023 11:15

Aussiegirl123456 · 10/03/2023 10:48

Life’s too short for that.

Just hand in your notice and leave. They’ll pay you because they won’t be able to prove they’ve had a financial loss of you go, given you’re untrained and have only been in the job for a week.

I have done this before. The workplace and the manager were just toxic and I could not be there any longer. I stated ‘personal reasons’ and I’d need to leave with immediate effect. It didn’t burn any bridges as I was later employed by the same company in a different department, whom were just lovely.

Every day is precious and all that…

This, it's fine just email you won't be back and explain it's not a fit. It's a week it's not a massive problem

BrutusMcDogface · 10/03/2023 11:17

I’m assuming you won’t want a reference, then? I suppose you wouldn’t after such a short time anyway.