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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:
Starflecked · 10/03/2023 12:21

To be honest it sounds like you aren't adding anything to the company at this point- you aren't sure what you're doing and therefore if you just speak to them I'm sure they'll be content with you not working your notice.

Original poster
BlueLagoon5 · 10/03/2023 12:22

I don't think I'm cutting my nose off to spite my face @MrsDanversGlidesAgain
I don't feel comfortable going back there. The atmosphere has been terrible all week, so I can't imagine what it would be like if I resigned and worked my notice.

I know my own finances and wouldn't leave this job if I couldn't pay the bills.

OP posts:
Snowpaw · 10/03/2023 12:23

I think you may struggle in the future in work if you are not able to approach situations like this directly with the people involved. Don't be put off asking for help just because you are scared of the boss's reputation with others. Form your own relationship with them. Be clear about what training you need to be able to do the job. If they do not provide it adequately, keep asking. Speak up for yourself. Arrange a sit down discussion with your employer to discuss these things. You are leaving before you have given them a chance to train you / make things better.

Hoppinggreen · 10/03/2023 12:23

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”

I’m pro behaving professionally in difficult circumstances, whatever your sex

MrsPinkCock · 10/03/2023 12:25

Legally speaking you have a few options:

1 - resign with notice and work out your notice period
2 - resign without notice, citing a fundamental breach of contract on their part - if the role is fundamentally different to your contact/JD then you are entitled to do this. They will probably withhold your wages though and you’d have to go to the employment tribunal to recover them - to win you would have to be confident in demonstrating they breached the contract first!
3 - resign with notice and go on sick leave with stress (self certified) - it’s fine to do this and they can’t withhold wages as a result (but if they do, go to the ET, it would be an easy claim!)

It wouldn’t take a year to get a hearing for a simple wages claim - they are usually only listed for an hour and can be processed within months.

Im not sure which option I’d choose in your shoes though!

Original poster
BlueLagoon5 · 10/03/2023 12:25

But the job itself isn't what I want to do, regardless of if the manager is an arse or the training is non existent. I can't see how raising that with her will make a difference/things better.

OP posts:
Starflecked · 10/03/2023 12:27

BlueLagoon5 · 10/03/2023 12:25

But the job itself isn't what I want to do, regardless of if the manager is an arse or the training is non existent. I can't see how raising that with her will make a difference/things better.

But you can talk to them- just say the role isn't what I thought it would be and as such I want to leave soonest. Even if she's scary or whatever a minute or so and it's sorted rather than hanging over you and risking you lose out on hundreds of pounds.

GandhiDeclaredWarOnYou · 10/03/2023 12:28

Contact your manager today and say you resign with immediate effect and won’t be coming back. That you and the job are not a good fit.

You might get paid, you might not. Be an adult and tell them straight, don’t faff about calling in sick. Your mental health is worth more than a week’s wages.

Sceptre86 · 10/03/2023 12:29

At my work you would be paid for the hours that you worked but if there were any issues you wouldn't have a leg to stand on with hr if you didn't work your notice period and were trying to contact them about it. If you are adamant that you aren't going in you need to accept that as a possibility.

As for your next job interviews, I hope they go well. Just make sure you do your research on the type of company they are and the role. Remember that whilst they may think you are the right candidate the company and role have to be the right fit for you. I'd take the time to ask questions about training, mentoring, support etc. and not just jump straight into another role if it's not the best fit.

Autocadelite · 10/03/2023 12:33

Hope you're OK @BlueLagoon5

I've noticed this new trend on advertising roles and then the role isn't what was advertised. I think lots of new workers are leaving within the week lately.

At my old job they were surprised to see me on my 2nd day because it was so common for people to leave immediately.

(I wish I saw that as a red flag though! Because I stayed for a year and was treated horribly. I stayed for a year and was the longest serving colleague!!)

FuckoffeeBeforeCoffee · 10/03/2023 12:37

I think resigning with immediate effect is the best way to handle this situation.

Also, you'll know it's over as soon as the email is sent. If you've got to call in sick every day, you're still tied to the company.

Good luck, OP. Hope you find a better job soon.

MrsDanversGlidesAgain · 10/03/2023 12:39

It is only a temporary 12 month cover role any way

Did you get this role via an agency and if you did have you raised concerns with them?

CandyLeBonBon · 10/03/2023 12:41

GandhiDeclaredWarOnYou · 10/03/2023 12:28

Contact your manager today and say you resign with immediate effect and won’t be coming back. That you and the job are not a good fit.

You might get paid, you might not. Be an adult and tell them straight, don’t faff about calling in sick. Your mental health is worth more than a week’s wages.

This. I've been in a similar situation op and it's awful. If you can take the financial hit and accept that you may not be paid for the first week, I'd include in your email that you won't be returning/working your notice citing incompatibility and leave it at that. Own it and plan for the fact that you won't get paid.

JudgeRudy · 10/03/2023 12:45

So you're considering stealing/fraud....really? Thats wrong.I think if you don't work your notice they're within their rights not to pay you.
You're not really making any effort to make your situation better. Could it be that you're doing different duties to those you expected simply because there's staff on holiday (and now others working from home)? You've witness one person 'snap'. OK not a great start, but hardly unbearable. Why don't you hold fire and send an email off citing your concerns, maybe asking for a date when your formal training to A,B,and C will start.

ConkerGame · 10/03/2023 12:47

@Hoppinggreen behaving professionally doesn’t have to mean being taken for a mug and allowing yourself to be treated unprofessionally.

Hoppinggreen · 10/03/2023 12:49

ConkerGame · 10/03/2023 12:47

@Hoppinggreen behaving professionally doesn’t have to mean being taken for a mug and allowing yourself to be treated unprofessionally.

No, it means adhering to your contract and taking the hit if you choose not to

Original poster
BlueLagoon5 · 10/03/2023 12:49

Eh? So I'm stealing/committing fraud because I want to be paid for the days I worked. Ok.

People leave jobs all the time. I'm well within my rights to not stay in a job I don't like surely?

OP posts:
JudgeRudy · 10/03/2023 12:50

BlueLagoon5 · 10/03/2023 10:26

I'm more than happy to resign with immediate effect, but as I explained in my original post the contract 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. I was wondering if I phoned in sick next week would that still stand. I don't need a reference from her. I was in my previous role for 5 years, so they will provide one.

But you're not sick! Do you also wonder if it would be OK to take a set of headphones and a mouse mat home with you? It's stealing. Just offer to work your notice...chances are they'll say no.

Original poster
BlueLagoon5 · 10/03/2023 12:52

@ConkerGame I can't believe some people think it's acceptable for managers to scream and shout at their staff and discriminate against them 🙈

OP posts:
BreviloquentBastard · 10/03/2023 13:00

What's the sick policy? If you're allowed to self certify for X number of days there's not really much they can do about it.

Resign, go on the sick for your last week. They wouldn't give a shit if you died tomorrow, why tie yourself in knots for their benefit? I find the "you should just be miserable and get on with it like a grown up" attitude on this site really bizarre.

AlisonDonut · 10/03/2023 13:01

OP there are some really far out responses here.

Usually if someone decided to leave at the end of the first week, they will just get paid for the hours and just leave.

If you feel that she will be difficult, then yes call in sick. As by going back in will induce a stress response to her bullying then this is perfectly reasonable, especially as you won't get paid anyway.

It isn't fraud, it isn't theft to not go back to a job, that is all just utter nonsense.

So I'd resign stating that the role isn't the one that was advertised and that I'd be resigning with immediate effect. If they come back at you with 'you need to work your notice' then say 'sure' and call in sick next week and resubmit your resignation with a week's notice.

Either way, forcing someone to work a week when they are so new in the role benefits nobody.

AlisonDonut · 10/03/2023 13:02

BreviloquentBastard · 10/03/2023 13:00

What's the sick policy? If you're allowed to self certify for X number of days there's not really much they can do about it.

Resign, go on the sick for your last week. They wouldn't give a shit if you died tomorrow, why tie yourself in knots for their benefit? I find the "you should just be miserable and get on with it like a grown up" attitude on this site really bizarre.

It doesn't matter what the sick policy is! The law states that people can self certify for the first 7 days.

BreviloquentBastard · 10/03/2023 13:05

AlisonDonut · 10/03/2023 13:02

It doesn't matter what the sick policy is! The law states that people can self certify for the first 7 days.

Show quote history

Yes that's... The point I was making? She's allowed to self certify so she just should. I was more asking about the sick policy in terms of pay because some places pay full for sick leave and some don't.

Howdoesitworkagain · 10/03/2023 13:06

Talk to them directly this afternoon. You need to be a grown up about this and not hide behind emails, messages and fake sick leave.

You’ve had a lot of good advice about how to frame this with them in a direct, assertive and professional way. Take the high road! You never know who knows who and where paths might cross…

If you do as you’re planning, technically they can sue you for breach of contract. Few companies do, but are you happy with the risk?

The way to take the risk out is to manage the narrative around this by having a direct discussion … it’s not the job you were recruited for, you’ve had inadequate training and support, it’s not a good fit; it’s in the interests of both of you if you resign with immediate effect and do not return. At least this way you get the chance for them to reply and agree so it doesn’t leave you open and at risk.

Straightomyhead · 10/03/2023 13:07

I've been in one of these types of jobs which just isn't what it was advertised as. It wasn't the manager then who was a bully but another team member. I lasted two and a half months before leaving. I did work my notice of 3 days but there will really no point as I didn't do much and it was meant to be 5 but they shortened it to the end of the week.

Having been in that mental position I would say leave. You will find a job which is what it was actually advertised as and then your whole mental outlook approves.

Don't like to some who say try to improve your situation, just be honest and say that you aren't coming back.