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?

If you had found another job and were handing your notice in, what would your notice period be? If less than three months, hand your notice in and take any annual leave that they owe you in the interim. The two years to be protected is far too long in my opinion but I digress.

How much notice does your contract say you must give? If it's only a month you could just hand in notice and leave in a month. If it's 3 months I think you have to stay. But don't put yourself out for them.

Have you got accrued leave you could take do or part of it? If so I'd be taking that.

Idk how close you are to the 2 years. Close? I would consider consulting an employment solicitor. Do not sign anything. Go off sick if needed. The company is on dodgy grounds if they’re not really making your role redundant. Scroll down to frequently asked questions. You may not get anywhere but it seems very odd they can want your expertise then sack you. https://www.davidsonmorris.com/dismissing-an-employee-with-less-than-2-years-service/

Don't just give your notice away. Ask for gardening leave or pay in lieu of notice. It is there to protect you when you have no redundancy entitlement.

Then you would have a cushion (well earned) to rest of look for another job.

I'd personally go off sick with stress and just not go back.
It's not like they're going to fire you 😂

If training people to do your job isn't in your job description, you would be well within your rights to refuse to do it and just do a basic handover instead. Training is quite well paid I'm told.... maybe double the salary you get now? Just a thought.
Tgh, if it was me, and I didn't need to worry about a reference, I'd start clearing my desk.

So would I!

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?

No. If you leave without serving your notice they could, in theory, sue you for any incurred losses. It's a small risk, probably wouldn't happen but I have known it to happen so you can't assume it isn't a risk. You also won't get a reference!

I'd be inclined to do the minimum and take the pay for the 3 months to get another job. I might risk it and walk out as soon as I have one and the reference is done though!

Is it definitely 3 month’s notice for you (sometimes it’s shorter if not been there as long)
I’d definitely look at getting employment advice if you are near 2 yr cut off.
If you have children you could give notice you are taking unpaid parental leave think it’s 21 days notice. It’s hard for them to argue it should be delayed as they are saying your role is superfluous. Info on gov.uk.
What does your contract say re role. If it’s not a training role and they are wanting to alter what you do you aren’t employed to go that.

Put all of your focus into getting a new job. Be pleasant but not very helpful at work. Don't put yourself out for them. Work to rule OP. So no more answering calls when on lunch break or just working 10 mins late to finish something off.

That's appalling advice.

Are they following their official procedures correctly in accordance with your contract and handbook?

If you're a short service employee you can't make a claim for unfair or constructive dismissal, but wrongful dismissal is still possible.

I've also recently been told that the two year rule is, in case law, considered to be "two years less two weeks". You would need to have left before this point to be considered a short service employee.

If you don't need the money and don't need a reference, as PP have mentioned realistically they wouldn't do anything about it.

I would speak to them though about you finishing earlier and them giving you payment in lieu of notice instead. Depending on your contract terms, this might even be tax free!

Hand in a letter of resignation and then go on the sick sighting stress.

My friend has recently been through a redundancy scenario where her team was basically told they were all lacking and their jobs were going to another team. These are staff that have been there for years, won awards etc. Yet miraculously all the other team scored higher.
They then wanted my friends team to fully train the newbies before they left. As my friend said surely if we are all so poor at our jobs why would they want us training new people.
Whole team has gone off sick with stress instead.

I would definitely try and work around it some way but do be wary of doing anything that might impact a reference.

Whilst most places only give basic ones, some won't. I had a great job offer recinded last year as my former employer stated in the reference that I had problems dealing with stress.

What they didn't disclose was that the problems with stress were caused by them being totally inflexible and unsupportive while I had a dying parent on end of life care during the pandemic (including ignoring occupational health advice and forcing me into an unpaid sabbatical under threat of absence procedures when I was entitled to 6 months paid sick leave).

It will not surprise you in the least to hear that I am now self-employed as I just can't be arsed with corporate bullshit anymore.

If all else fails I'd go with making sure you take every last bit of holiday owing, lots of 'job interviews' (PPs suggestion of in another area is good - you'll need at least a day off for travelling time), a few days off sick here and there. Basically the bare minimum until you've worked your notice.

That's irrelevant. Only statutory notice can be counted towards the 2 years required to make a claim, so it would have to be within a week of the two years at the point that the employment terminated. That said, whilst I agree that this is a shitty thing for the employer to do, I don't think the OP would have much of a case. People assume that redundancy is hard to do. It really, really isn't. The tasks may still exist, but if the employer can redistribute the tasks to other staff (which is what they seem to be doing) then that means the OP's post is redundant. It is posts that are made redundant, not people or tasks. It is perfectly legal to keep all the tasks and not the post.

I doubt they will expect you to work every day. They are being utterly unrealistic to fire someone without warning and expect them to maintain high levels of motivation during the notice period. If you leave early you are simply giving up money. I would tell them you will work from home and then I would do as little as possible.

A couple of questions OP. Are they dismissing you or making you redundant ? Because I don’t really see how it’s redundancy if they want you to train other members of staff in your job before you go - redundancy refers to the job itself no longer being required, not the person doing it.

Secondly, if you have been with the company less than two years, would your notice period take you over the two years ? If so, you would then have full employment rights and be entitled to statutory redundancy pay.

Do you also know that if you have been with the company less than two years, the normal notice period would only be one week ? It seems to me that the company are trying to dress this up as redundancy when it’s actually not, and the three months notice period is designed to give you enough time train other members of staff and pass on the benefit of your experience before you go. I would take some advice from ACAS to clarify what the company are actually entitled to do under redundancy rules.

I've also recently been told that the two year rule is, in case law, considered to be "two years less two weeks". You would need to have left before this point to be considered a short service employee.

It is two years less one week (statutory notice for anyone uner two years) - not two.

OP you can get advice from ACAS or from a legal helpline (check if you have legal protection cover included in your home insurance policy). Once you know whether the company can lawfully dismiss you and whether you have to do the training then you can decide what to do. You could say today that you are taking legal advice on your position and will be taking a couple of days off while you do that. Basically don’t go quietly and make gardening leave and a basic handover (that you’ll offer them on your return) a very attractive option.

Ask to take all your remaining leave now. And don’t log on or do anything remotely…you are on leave! And at the end of your leave, if money isn’t that important, go sick. You can self certify for a week, and then ask your Dr to sign you off with stress for a month. And do that until your three months is up.

Didn't you see this coming? Do you think a small business would continue to pay you if you're no longer delivering value? I'd see it from their perspective rather than having sour grapes about it, and in future anticipate this when getting similar roles.

I think it would be unprofessional to just swan off. If you need a reference or there's any kind of networking/professional reputation at stake, stay. You could offer to go earlier by mutual agreement.

You could also see the three months as an opportunity. Is there something else at the business that you could find a solution to, make a proposal, find a way to extend your role there if that's desirable? Could you deliver the training so well you gain skills and can describe your approach to it as an achievement in future job interviews?

Go to ACAS.

I don’t know what reasoning they’ve given you for making you redundant but, as they’re expecting you to train other people to do your job, if it’s “your role no longer exists” then they are breaking the law.

Get everything in writing, take copies of all emails and communications with them. Work to rule in the interim (only your contracted hours, only your specific duties) and line up as many interviews as you can. If they’re making you redundant then they can’t refuse you time off to attend them.

Last time I looked we did not have forced labour in this country.
Yes you can go now, what could they realistically do. I'd check to see if they do 'tombstone references' as most employers do these days - just confirming dates employed, job title etc with no narrative on how good an employee you are. If so, I'd be off. They could theoretically take you to court for damages but it's vanishingly rare and usually used with employees on big bucks in significant roles where they was a demonstrable financial loss to the company - I'm assuming your role is not of this ilk?