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?

Can you ask you pay in lieu of notice as they are making you redundant? Alternatively If you are under notice which has been served to you in writing you can go sick if you get a go fit note. Or you ride it out and busy yourself applying for jobs and do a basic handover.

The notice isn't the issue to me its that they expect you to train other people in a system you developed. Can you partly train them ie leave out a few points?

They are not making the OP redundant: they are sacking her four months before she reaches the 2-year-mark and expecting her to work three months notice training up people to replace her. They want her to work. Go back and read the rest of her responses.

I’d be tempted to go off sick and then do a phased return to work…

Have you asked whether you can go now? Be put on garden leave?

Getting sacked obviously changes the dynamics , I wouldn’t want to go in and face people after that. And I cannot imagine any employer wants someone in that frame of mind in their office.

I would have a frank discussion explaining how that would make you feel and if they insist I would call that bullying.

There is of course the chance they realise that and instead of asking you to work on the next project they have said that you can do some staff training.

They may be happy for you to go without notice.

I know nothing of the law but my interpretation is that notice periods are there as a duty for one side to give some protection to the other. So the employer’s notice is their duty and your right to protect you from suddenly not having any income and giving you some time to look for a new job. The employee’s notice is your duty and their right to not be left in the lurch when the employee leaves.

Once one side terminates the contract, it only needs to adhere to its duty, I.e. give the other some protection as intended. At this point I would reasonably expect my work duties with the employer to cease.

Personally, if I didn’t feel like going back to the office I would write to them to inform them that I waive my rights to a notice period.

Go on sick !!!!!!

Have you looked into what the job market is like? I managed to get another job in 9 days of unemployment fortunately but I found it very mixed out there and the really good, better then I’ve ever had it paying job doesn’t start for a month!

This week there’s been a couple of times when it really honestly has been a bidding war with the Employer only accepting people of course who’ll work for really as close to national wage as possible.

Don’t go sick unless it really truly is warranted. I’d enjoy finding another job on their time though. And I like the suggestion made to appeal the dismissal.

Some of these small companies have same weird views. I wasn’t expected to be cross examined by one such small biz company owner this week also, who couldn’t understand in my second to last job with a large national company that being off sick meant I actually risked disciplinary proceedings and had there ever been a second sickness I’d have been a goner anyway, that small company seriously just couldn’t get it!

Any scope after you’ve left for the version of events to change as to why you’ve left? I’m just concerned for you they’ll try and end up saying you left of own accord. Did the company offer you one of the lower paying jobs?

@Pluvia my bad, I copied in something I was googling by mistake, multi tasking as usual! You are a harsh critic. 😂

OP hasn’t said if it’s redundancy or not, I’m not sure it’s helpful to answer on their behalf as it’s going to confuse matters.

As a veteran of the redundancy rich fashion industry I know a little about termination of contract. You can’t just do it there has to be a reason. (Being employed less than 2 years gives you very few rights but legally termination should still fall into one of these reasons) It doesn’t sound like OP is ill, incompetent or going to prison so I deduced that it could be redundancy.

IllnessYou can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job.
Before taking any action, your employer should:

• look for ways to support you - for example, considering whether the job itself is making you sick and needs changing
• give you reasonable time to recover from your illness

If you have a disability (which may include long-term illness), your employer has a legal duty to support disability in the workplace. Dismissal because of a disability may be unlawful discrimination. RedundancyRedundancy is a form of dismissal and is fair in most cases. If the reason you are selected for redundancy is unfair then you will have been unfairly dismissed. Summary dismissalYou can be dismissed for ‘gross misconduct’ without your employer going through the normal disciplinary procedures. This can happen if, for example, you’re violent towards a colleague, customer or property. Your employer should always investigate the circumstances before making a dismissal, even in possible gross misconduct cases. A ‘statutory restriction’You can be dismissed if continuing to employ you would break the law - for example, if you’re a driver in a lorry firm and you lose your driving licence. It’s impossible to carry on employing youIf it’s impossible to carry on employing you, it’s likely to be fair. For example, if a factory burns down and it’s no longer possible to employ anyone. A ‘substantial reason’You may be dismissed fairly if, for example:

• you unreasonably refuse to accept a company reorganisation that changes your employment terms
• you’re sent to prison

@Pluvia can you quote the part where it says she was sacked? Can’t see it.

@Pluvia this is what I am seeing in the original post (There are no redundancy rights under 2 years employed)

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.

What happens at my work is that people leave and the handover is so rubbish they get brought back in a couple of weeks later as expensive day-rate contractors. 😁 Win/win.

Hope OP that your conversation with ACAS brings useful advice.

If I were you, I would be negotiating with them. First of all full garden leave for the full 3 months with full pay and benefits, or 3 months full pay tax free as a redundancy pay.

failing that, meet in the middle and accept a lower notice period with harden leave. Eg 6 weeks full pay whilst not working. They save half. You get to leave early but still get some money.

the other option is to get signed off sick for 3 months.

I'd be "doing your job" for three months, not training others. I'm surprised they want you hanging around tbh as when I've worked on systems they give you PILON and walk you to the door so you can't delete or damage anything or download files.

You are not employed as an IT trainer so I'd just not be very good at it and spend the time looking for another job.

On a lighter note, my Dad worked for a huge, famous, Finance Company and they decided to replace him with two unqualified people. He got great pleasure watching the Company implode from their decision...

Phone ACAS who give free legitimate legal advice

OP has already said that at the end of her notice period she will be at 1 year and 11 months.

ACAS do not give free legal advice.

They state what is in UK law but they don't interpret law in the context of a person's specific circumstances the way a solicitor does.

I don’t think legally they’d do much other than obviously not pay you??

I’ve just recently changed job. My contract said 2 months notice but I gave 1 month as I needed to start my new role sooner. HR basically told me that even though they’d have liked me to give 2 months, legally they couldn’t do anything

The OP isn’t in a position to negotiate - she has been there less than two years and doesn’t have full protection. The employer doesn’t have to pay in lieu of notice if she leaves of her own accord, and it’s already been stated that they want her there to train up other staff. If she leaves early they won’t get the benefit of her knowledge and experience.

They’re making her redundant. Even without the full two years service, they can’t just terminate her contract without a reason. Presumably her attendance record is OK, so they can’t use that, and they can’t claim she’s not doing the job properly, otherwise they wouldn’t be giving a full three months notice and asking her to train other staff members. They can make her redundant by claiming the job description has changed more than 20% and therefore the post no longer exists. Then farm out her duties between other staff members. Which is what seems to be happening.

I’d speak to HR about an early release. They will be well aware that saying no means you could go on the sick anyway, I would just keep saying how stressful you are finding it.
Can you take some leave just now and spend some time looking for another position, talking to some agencies.

But your option is to quiet quit or go on the sick I think. I wouldn’t be spending my time training someone else in these circumstances. It’s a scummy thing to do.

Do you have much holiday left ? this is still accrued during your notice period. Check see if the holiday takes you over the 2yrs ?

Good lord above will people stop making stupid comments...holiday is accrued on the time served it won't take anyone past the 2 years.

They have been perfectly legal in their approach. The OP could negotiate an earlier release if she wanted to but there is no illegal activity here.

She stated she would be 1 year 11 months so could be close depending on holiday. So not a stupid comment. Have heard of cases where people forgot about holiday so it took them over 2 years. She could also go on sick and not go back !

You’re paid for your holiday entitlement accrued but not yet taken.
This doesn’t extend the term of your actual employment when your employer has given notice that employment will end on x date