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’re not going to give her gardening leave when they need her to train up the lower cost replacements…

Take the money, go off ‘sick’. You must be super stressed having been made redundant, right?

Exactly this. If the OP has less than two years service, the company only need to give a weeks’ notice, but they’re giving three months so that she can train other staff members up to basically do her job between them. This is why she needs advice from ACAS, because if the bulk of the job still remains, it’s not redundancy and the company are misusing redundancy regulations.

Surely with under 2 years employment there is no need to make her redundant or consult? They can just give notice.

If the OP hasn’t worked for them for 2 years, they’re not obliged to provide a consultation period. They should, as good practice, but from the OP’s posts, it doesn’t sound as though there’s been much of that.

Go off sick. They will then quickly want to stop paying you sick pay and might contact you to see if you’d like to go early.
otherwise, just do a shit handover.

i once got notice to leave i hated it there anyway but as soon as i got told i was gonna be let go i went home after that days work and never went back that was 8 year ago i did have a job lined up tho at the time and started a week later and im still working there but i love it and as you i did not need the money at the time i was pleased to go

@wowseroonie doesn’t sound the most clued up HR person 😬

They can only sue you if you are discriminating against them for a protected characteristic eg maternity, sex, race.
There's no right to claim for unfair dismissal before 2 years.

OP, you manage people so you know this. You cannot force someone to do their job to a high standard. Much less someone who has been asked to leave. The fact that your employer expects you to train your replacement makes me think they are living in cloud cuckoo land. Who ever willingly dug their own grave.

You sound like a conscientious person so you think you have to show up and do a good job. Fuck that. Think of your least fave report. The one you spent 80% of your time managing. Now be that person. Channel them. Do the least. Keep 'em guessing. Sometimes you turn up, others you have D&V. Oh sorry, things happen. My grandfather is hospitalised. Childcare broke down, have to work from home. Sorry sorry.

Then, don't train 'em properly. Mumble, keep changing your instructions. Miss out key things. Don't file things where people expect to find them. Isn't that what others have been doing to you?

Relish it. Now is your big chance to get your inner pisstake artist out of your system. Then smile and wave goodbye. Very envious.

Will it be a busy 3 months at work? If not can you use some of the time to apply for jobs, brush up CV etc. Better than doing it in your own time unpaid.

This.

Just to offer an alternative perspective …

In the nicest way possible OP… it’s business. It won’t be personal. They hired you to do a job. You’ve completed that job. So they don’t need you any more 🤷‍♀️

This is entirely predictable. Companies do not owe you a job. They will 100% bin you as soon as you’re not convenient for them any more. It’s the same for everyone.

it sucks! But that’s life.

Treat your next job accordingly. Realise and embrace that you could be binned at any time. Plan accordingly. Scout the job market and salaries minimum of once a quarter. Move when YOU are ready. Drop any company instantly for a pay rise.

Jobs are not for life.

honestly I’d take the three months salary. Style it out doing not very much for the whole summer (nice!). Job hunt like it’s your job now.

I'm a bit confused as to how they can make you redundant if your job still exists and needs to be handed over? Can you give me more background on that so I can work out if they have done this legally? It is possible to reduce headcount in a department and select employees for redundancy or to merge two roles but this sounds like a full on handover of a job to someone else and it doesn't sound quite right.

Sorry, to answer your original question, yes you still have to work your notice but if your own notice period is normally shorter than three months then you are free to resign and leave earlier. You'll forego redundancy pay but doesn't sound like you are giving up much there.

However, I think the legal issue that seems a bit suspect is whether you were made redundant in accordance with the law. You can't just be kicked out and replaced by someone cheaper, that's wrongful dismissal.

@BetterFuture1985 redundancy and unfair dismissal right only kick in after 2 years. OP has worked there for less than 2 years. Her employer just needs to give contractual notice. They probably planned the timing. Short of discrimination etc (no suggestion of that here), there is nothing OP can do about it.

She's not been made redundant, she's just been given notice and dismissed.

I think that’s rather harsh just because someone has an alternative opinion.

The OP is in a position to inform the business that they should consult with her. 2 years of service can be very misunderstood so it’s not as clear cut as saying that not reaching that milestone means OP has no rights (for example if there are protected characteristics, for example.

Just because this business are choosing to try to get around doing the right thing doesn’t mean that a) OP has to accept that poor treatment and b) doesn’t mean that they wouldn’t reconsider their approach if they were challenged.

OP, hope you get the advice you need and a good resolution.

The law is not quite as clean cut as that. It depends on the circumstances of the dismissal. Also, I said wrongful dismissal to which the 2 year rule does not apply (and it doesn't apply to automatic unfair dismissal either). Working out the circumstances might lay out the basis for a claim.

Once you have a claim, the OP can go to their employer and say "look, I just want to go. I can make this claim against you, but if you just let me go now we'll call it quits."

There are about 60 grounds for automatic unfair dismissal, many of which the 2 year rule doesn't apply. The OP can probably find one 😁

Can't you have an interview every day, thought they have to give you time off for interviews when you are being made redundant

OP it is somewhat unfair that they have engineered it to be within the two years, but the experience of setting up a new system and a good reference for it will take you far. I would echo what others have said about not burning the rungs of the ladder. I don't think you have more than a moderate gripe here.

And three months is quite a good notice period (although does that take you over the 2 years, double check what your rights are and whether they have miscalculated something in a way that might be in your favour).

Occasionally we have somewhere we never ever would go back to even if the chips were severely down, for good reason, but this is not the case mostly and not the case here.

and want me to spend three months training the people to replace me!

In fairness, you will be doing this during the work hours you are being paid for so there is nothing wrong with them wanting you to do this.

Don't know if it's still the case, but I was told that even if your t+c's state 3 months, if you're paid monthly, a month's notice is all they can hold you to.

I';d get signed off sick, can your employment end if you are signed off?

I'd make everything as difficult as possible for them and leave out a key part of training.

As well as lacking humour you seem to be under the impression all employers have integrity and should be afforded the utmost respect. What integrity has the OP’s employers shown? The OP need not give another ounce of herself to that business unless it’s for her own benefit. So she should take sick leave, take any annual leave left, drag her heels at work. Why should she she give them her best self?

Sorry you've lost your job Op no way I'd be handing everything overly nice and neatly. Extensive swanning over to the water cooler for epic conversations would definitely be occurring...