Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
orion678 · 10/03/2023 11:18

If you call in sick, they may request a sick note from your GP and if you can't provide that they may deem that you're in breach of your contractual obligation to them and withhold your pay for the week you've worked, as per your contract.

AuroraForever · 10/03/2023 11:18

I wouldn’t phone in sick on Monday. I’d resign with immediate effect today and say thank you but state the job is not as advertised etc and as such you won’t be going back. I’m not sure they’d bother to pay you for this week as it would be aggro setting you up on the payroll etc. So as you say you don’t need a reference just walk away, forget about the money and get on with finding something else.

Motnight · 10/03/2023 11:22

AuroraForever · 10/03/2023 11:18

I wouldn’t phone in sick on Monday. I’d resign with immediate effect today and say thank you but state the job is not as advertised etc and as such you won’t be going back. I’m not sure they’d bother to pay you for this week as it would be aggro setting you up on the payroll etc. So as you say you don’t need a reference just walk away, forget about the money and get on with finding something else.

I agree with this. It might be a horrid time for a few minutes but you can relax over the weekend knowing that you are never going back!

Your contract seems really clear regarding notice period and pay, so assume that is the situation.

KateAusten · 10/03/2023 11:25

Don't go back if you don't want to

Just accept that you might not get paid

Couldyounot · 10/03/2023 11:28

In your position, and as you've already decided not to go back, I'd proceed on the basis that I wouldn't be getting paid for this week

fruitbrewhaha · 10/03/2023 11:33

Just speak to your manager today. Tell her the role isn’t what was advertised, or detailed in the description. Tell her you’ll leave straight away as you haven’t been trained yet there’s no much you can do and no point in showing you how. If they really want you to come and cover the phones etc you can tell them what days you will be available. But after a week there’s no point in paying you to do very minimal work.

Original poster
BlueLagoon5 · 10/03/2023 11:33

Yeah I think that will be the case @Couldyounot and I'll have to just suck up the lost wages.

OP posts:
Guis23 · 10/03/2023 11:34

Will you lose any UC for a period of time because you walked out of your work?

TheCatterall · 10/03/2023 11:36

Work your notice period. Employers can sue you for not fulfilling them. They rarely do especially in such early days but who knows how this team will react.

Guis23 · 10/03/2023 11:36

It seems a bit strange not to have a discussion with the manager before leaving. You have to get used to working with people who you might not like. Wherever you go there will be lovely people, people who you are indifferent to and people who you cannot stand.
She might be leaving too, you don't know. Imagine if you leave only to find out she leaves the week after.

Original poster
BlueLagoon5 · 10/03/2023 11:38

I don't claim any benefits @Guis23

OP posts:
Folklore9074 · 10/03/2023 11:39

I think if you don’t want to go back fine, let them know or just walk away. I’d assume I’d not be paid and then be happily surprised if I were. I did this once, exceptionally dodgy company became clear on day one job was not as advertised, and I was not paid. Don’t expect a reference and never put this on your CV. Job done.

Guis23 · 10/03/2023 11:42

BlueLagoon5 · 10/03/2023 11:38

I don't claim any benefits @Guis23

I meant if you wanted to after you leave. They may take a dim view of someone who leaves a job voluntarily without good cause. But I don't actually 'know' but just raising it as a point to consider.

smellyflowers · 10/03/2023 11:43

BlueLagoon5 · 10/03/2023 10:36

I just want to know if I will be paid for the work done this week, if I hand my notice in tonight and phone in sick next week to cover the notice period. If anyone can advice that would be great. Thanks

You should do but they might ask you for a drs note to proove it?

You're best just ringing and saying you're resigning and see if they say don't worry about your notice period.

Just give them a ring

ShimmeringShirts · 10/03/2023 11:43

They’ll likely know you’re bunking off to avoid working your notice period so it is likely to have an affect on your wages yes.

Badbudgeter · 10/03/2023 11:44

Are they all day interviews?

I'd send an email and say that the job isn't going to work for you. Ask them the question do they want you to work notice. It may not be worthwhile for them paying you to work when you don't know what you are doing and it's no longer worth training you. If they do want you to work then you need to book x and y off.

Original poster
BlueLagoon5 · 10/03/2023 11:48

How would they prove it though? @ShimmeringShirts

I don't think you need a sick note until day 7 I believe. Might be wrong though.

OP posts:
Original poster
BlueLagoon5 · 10/03/2023 11:49

Oh sorry @Guis23

I wouldn't claim UC any way as I have savings that I could live off for the time being.

OP posts:
MinnieGirl · 10/03/2023 11:51

I would speak to her today and say that you are rather confused as the job you were told about/applied for is nothing like the job you are now being expected to do. Has there been some mistake? As you would not have taken such a role and without any managerial support this week, you don’t feel you have achieved anything.
And unless it is a mistake, you will be giving your weeks notice with immediate effect. That you are not competent to answer queries as you have no idea what you are doing, and haven’t been given any training or support. But if there is something she could find you to do for the next four days you would be happy to help.
Alternatively, if you don’t want/need the weeks wages just tell her this isn’t the job you applied for and you won’t be back.

Guis23 · 10/03/2023 11:52

BlueLagoon5 · 10/03/2023 11:49

Oh sorry @Guis23

I wouldn't claim UC any way as I have savings that I could live off for the time being.

No need to apologise. And your choice to live off savings but I cannot imagine that would be a choice.

Original poster
BlueLagoon5 · 10/03/2023 11:58

It's not ideal tbh but I'd rather do that than go back there @Guis23

Hopefully I find something else sharpish

OP posts:
pringlesinacan · 10/03/2023 12:00

Just don't go back but accept you may not be paid for this week

ConkerGame · 10/03/2023 12:03

Hi OP, afraid I don’t know the legal side about paying you, but just to say that MN is weirdly very pro-employer. I’m not sure why! maybe a lot of internalised misogyny?

anyway, I would be more (but not completely) honest if I were you and say “as the job does not meet the job description I am resigning with immediate effect. I am not able to work the notice period for personal reasons so today will be my last day”

HermioneWeasley · 10/03/2023 12:05

The fact is nobody here can tell you whether or not they are going to withhold your pay for this week. Legally, they would struggle to enforce the clause in your contract, but if they simply refuse to pay you, you will have to pursue them through the courts which could be a year from now to get a hearing.

if I were you I’d make my decision based on the worst case scenario.

MrsDanversGlidesAgain · 10/03/2023 12:18

but just to say that MN is weirdly very pro-employer. I’m not sure why! maybe a lot of internalised misogyny?

I'm not 'weirdly pro-employer.' Just have worked long enough to know that there's ways to do things and ways to not do things. Like leaving a job after a week without even having talked to your manager about your concerns and then lying about why you're not coming back.

Granted, some employers are awful and this sounds like one of those , and I've walked out of one that was without even giving notice. But OP has no other job to go to, and if she simply walks out probably won't get paid for this one. Talk about cutting off your nose to spite your face.