Given notice at work

[Forgotwhat]

My work has given me my notice - 3 months and I’ve been there under two years-so I don’t have a leg to stand on.

I don’t desperately need the money-can I just go? I don’t really want to carry on working for them for another 3 months to hand things tidily over to other team members etc.

Basically I have set up a department and way of working for them, and now mostly the grunt work is done they want stuff taken over by cheaper members of staff (basically I am redundant with no redundancy rights) it’s all fine, I just don’t really want to spend three months training people how to do my job and showing them the tricks of the trade when they’ve decided to end my employment.

can I just say that’s absolutely fine, I don’t need a notice and I am happy to forgo that and leave today? I know if I give notice I have to work it- but this is different the decision to go isn’t mine-so I don’t feel I need to honour it?

They would have to agree it. Otherwise, yes, you are obliged to work your notice.

That said, no harm in asking as many companies would rather avoid paying someone to sit around being unconstructive, or even worse cause issues, in their notice period. Say you'll work 2 weeks to hand over, then they can pay you your leave and otherwise you will both agree to end employment at that point.

I'd start looking for a job so you have something to go to first

There's nothing wrong with saying you'd prefer to leave earlier than the notice period and seeing if they agree?

Otherwise, it's often a chance to get paid for a relatively easy few weeks, as work transitions off to other people.

My last job wouldn't let me go early (my choice to leave) as they wanted me around 'just in case' but very quickly my real responsibilities were picked up by other people - leaving me with 3 months to basically paint the new house while occasionally checking my emails in case I was needed for anything.

In your position I would ask if you can leave. I wouldn't just not work the notice without their approval though. You may need to come back to them for a reference at some point, or if you liked working for them, you might want to apply for a more senior job in the future. It's best not to burn the rungs of the ladder as you ascend, you may need to stand on them in a few years.

How long have you been there and is there a 3 month notice if you wanted to leave in your contract?

What can they effectively do apart from stop paying you?

I don’t think I would want to come back to them again, it feels really cheeky that they’ve pulled this now so I will be gone just before 2 years and I might accrue additional rights.

I don’t mind writing a handover of what I do. What I really object to is training my much cheaper junior colleagues on how to use the system I implemented. If my handover was run this process- I’d be fine, but they’ve decided to kick me out and want me to spend three months training the people to replace me! It seems so unfair.

Ive never been able to train colleagues to do my job before when I’ve gone on holiday for example- I’ve just been expected to do double the work when I get back or if it’s an emergency log on remotely. I’ve always been told it’s my role and no one else has capacity or ability to cover -fine -we’re a small business. But now all of a sudden there’s capacity and I’m expected to facilitate them making my role redundant. They’ve shown me no loyalty, so I don’t feel I owe them any. I’m just interested in the legal position. All I can find online is when the termination comes from the employee side and the employer options for shortening the notice period; I am basically after the reverse.

there are a number of ways if an employee hands in their notice that the employer can shorten this (without employee approval) gardening leave, PILON etc. is there a reciprocal mechanism where if the employer is serving notice the employee can shorten the period?

Personally I'd stay and do the very bare minimum. Do a shit handover, tell them you've documented it all but only do the basics.

You'll want their reference and the money cant be sniffed at. Come across helpful, even if you're not. YANBU to be pissed off.

Sorry to hear that. I would ride it out and do the bare minimum! Save most of the work for whoevers taking over! In the meantime, get your CV up to date/linked in and start job hunting. Best of luck 🤞

The reality is, were all just a number on a spreadsheet. They don’t care about you/your circumstances etc. its hard not feeling bitter about these things. Onwards and upwards 😊

Legally you’d be in breach of contract if you didn’t work your notice - but how likely is it that they will sue you? The biggest issue for me would be whether I needed a reference

Can you resign instead? That way you've only got to work another month? And maybe take as much holiday as you can in the meantime?

Personally I'd stay and do the very bare minimum. Do a shit handover, tell them you've documented it all but only do the basics.

And a shit handover doesn’t even mean doing a bad job on the documents etc.

I've just left a job that included managing a system that I have ten years' experience of. They wanted me to handover to a colleague with ZERO experience, and get her as good as me.

I wrote a handbook that was pitched at someone with my knowledge and experience. They did not hire me to train a novice as a SysAdmin.

OP what is YOUR actual notice period?

If training them isn’t in your job description then just don’t do it. Work to rule. Do only your job description and do not train or write handbooks if it isn’t part of your job.

I'd hang on in there and use the time to look for another position. However, I'd be putting in minimal effort whilst making all the right noises.

If a great job offer came up in the next few weeks and they were keen for you to start quickly, then I'd be off. In reality they're unlikely to spend the money it would cost on solicitors to enforce your contract. Also, doesn't the 2 year thing work both ways?

what does your contract state, as I would guess they can hold you to that. I think you will need to discuss it with them- they may or may not simply agree that you don’t need to work your notice, but you won’t know until you ask. I’m not sure you can force them to let you leave without working your notice but perhaps speak with ACAS or even citizens advice.

Whatever you do, I would think through potential repercussions carefully- you might need a reference from them, for instance. I’m careful about completely burning bridges, professionally at least- even if I feel that I’ve got some reason to be I’m annoyed- as you never know when or how you might come across them again. You also don’t want to damage your reputation by doing something like breach of contract etc, Depending on your field, it can be a small world and some employers have more influence than others. It may not matter or have any concerns for you, but I’ve seen a few people come unstuck when things haven’t been handled well (by one or both parties) and it can be as simple as a word in the right persons ear to cause an issue.

What is YOUR notice period? If its a week or a month I'd just hand that in. Do bare minimum for your notice then leave. Quitting on the spot could make it difficult for you in long run, especially if you need a reference from them as they can put facts in the reference.

Check your own notice period and give them notice if it is shorter. How much notice were they obliged to give you?
Anyway you could very politely say you appreciate the length of time that have given you, but in the circumstances you'll be leaving on x date, unless they want to consider garden leave? It sounds like you are in a position where a disgruntled employee could do a lot of damage, so although I'm not suggesting you should threaten this, you could say that it's normal procedure at your level.
Work out what suits you- eg getting paid to do not very much, or leaving sooner than they want.

Three months notice both ways. I guess I just know they have options legally to shorten that, I just wanted to know if there was anything reciprocal. So they can “buy out” a notice period, if I was prepared to forgo pay could I do effectively do the same. It sounds like not.

The only loyalty you get from a company is their need of you.
What does the contract say?

this! very important

cross post - apologies

Sorry x post.
So you would be breaching the contract.
However, in reality there is little they could do. Theoretically they could sue you but they would have to prove financial loss. As they are getting rid of you, they would struggle with that.
On terms of reference, they could say you did not work notice, but you can prempt that by telling prospective employers that you did not do the full 3 months due to needing to focus on finding other employment.
The only factor I would consider I'd that you might find it easier to find a job from a job. If you find another role I would just tell your current employer the date you are leaving.

If its written in your contract 3 months each way, then it comes down to negotiation.

You took this job on the understanding it was a permanent contract, not a fixed term, so they've made a business decision to your personal detriment.

Have a careful think about what you want, have you got leave accrued, do you want no questions asked for if you need to leave for job interviews, do you want to work from home? If the handover is delivered to standard, would they consider garden leave?

Three months is a long time to work out a job that doesn't want you anymore.

Everyone wants to part ways on a hand shake, show them how they can do that (they have plenty of ground to make up imo).

Yes, I've let someone go before and I didn't much want them to stay out their notice period, and they didn't want to stay it out either. So we agreed they'd go within 2 weeks, not 2 months.

There is discretion.

If the employer is not flexible I guess you could seek advice from HR, but I'm guessing if you just left then the worse that can happen is they won't pay you for the part of the month you've worked already. It might depend for you on reputational damage. In my youth I just walked out of a role in a cafe. But in my job now I couldn't do that because it's a small field and I might not get hired elsewhere. If you aren't worried about reputational damage, I'd just leave! They are the ones asking you to go.